As a leading consumer survey company, Keegan & Donato Consulting works with clients in Milwaukee and across the nation who face high stakes intellectual property litigation, arbitration, and administrative hearings to assist them with developing a strong litigation strategy.
Offering more than two decades of combined experience, principals Mark Keegan and Tony Donato have extensive backgrounds in the design, execution, analysis and critique of consumer research studies. We perform analyses, help clients develop damages claims, critique opposition expert reports, assist with witness preparation, and provide expert witness testimony.
Mr. Keegan is a member of the Connecticut and New York Bar Associations. He has crafted complex case strategies for his clients, served as a marketing strategist for top brands, and is an AMA-designated Professional Certified Marketer.
Mr. Donato has a wide-ranging analytical background in marketing, intellectual property, and consumer behavior cases covering trademark, copyright, advertising, and business damages.
Keegan & Donato Consulting designs, executes, analyzes, and presents the results of consumer surveys in these and other areas:
- Likelihood of Confusion
- Secondary Meaning
- Acquired Distinctiveness
- Strength of Mark
- Lanham Act Claims
- Trade Dress
- False Advertising
- Consumer Perception
Value of Consumer Surveys
If you are debating whether or not you need a consumer research study to support your case strategy, consider that the court may accept testimony presented by an opposing expert as fact unless you offer an alternative.
In Classic Liquor Importers, LTD v. Spirits International B.V., No. 15 Civ. 6503 (JSR), Dist. Court, S.D. New York 2016, the quality of the parties’ products was at issue in the case. The Court disregarded this factor, however, stating that, “without the aid of consumer survey evidence or expert testimony, the Court is unable to draw any conclusions as to the respective quality of the products.”
The defendant, Spirits International B.V., also pursued a Lanham Act counterclaim of false advertising. However, “it did not commission a consumer survey” and could not point to reliable evidence of consumer deception or confusion. The Court granted the plaintiff’s motion for summary judgment on this counterclaim.
Of course, courts also take great care to verify whether the survey design or methodology was flawed in any way. If not based on sound methodology, it may may be given little weight.
In Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1142, 1144-50 (10th Cir. 2013), there is a lengthy discussion about the Court’s conclusion that survey evidence submitted by the defendant, “had too many methodological flaws to be of any probative value.”
Experience is one of the most important factors in selecting the appropriate expert for your case. The expert must have the right balance of educational background and practical research experience. Employing a qualified survey expert, such as Keegan & Donato Consulting, will have a significant impact on whether the court deems your survey results admissible.
If you are seeking reliable consumer survey companies, contact us at (914) 967-9421 to learn more about our approach and our affordable services. We have the ability to deliver intelligence quickly and within a wide range of budgets.