Consumer survey companies, such as Keegan & Donato Consulting, can help you solve your biggest IP litigation and marketing research challenges in Minneapolis with the actionable insight that can be gained from a methodologically sound consumer survey.
The principals of the firm, Mark Keegan and Tony Donato, offer decades of experience and a combination of strategic and analytical skills. We have the ability to quickly deliver intelligence within a wide range of budgets.
Mr. Keegan has a background in formulating complex case strategies on behalf of his clients and as a marketing strategist working with top brands.
Mr. Donato has a strong analytical background in marketing, intellectual property, and consumer behavior cases covering consumer surveys, trademark, copyright, advertising, business damages, and business ethics.
Is a Consumer Survey Necessary?
The Lanham Act, as codified in 15 U.S. Code §1125, is the statutory basis for most trademark claims. The issues raised are well-suited to testing through consumer survey research by addressing the ways in which consumers interpret—and misinterpret—names, symbols, and other marks used by businesses in commerce. In fact, the resulting evidence can be quite persuasive.
Although nothing in the Lanham Act requires litigants to introduce consumer surveys, a number of court decisions have drawn negative inferences from the absence of survey evidence and discussed how the absence impacted their decisions.
For example, in Pharmacia Corp. v. Alcon Labs, Inc., 201 F.Supp. 2d 335, 373 (D.N.J. 2002), the court noted that, “Pharmacia is not legally required to conduct a confusion survey. But under the circumstances of this case, Pharmacia’s failure to conduct any confusion survey weighs against its request for a preliminary injunction. Such a failure, particularly when the trademark owner is financially able, justifies an inference that the plaintiff believes the results of the survey will be unfavorable.”
Likewise, in King-Size, Inc. v. Frank’s King-Size Clothes, Inc., 547 F.Supp. 1138, 1162 (S.D. Tex. 1982), the court noted that, “Plaintiffs did not present to the Court a survey or any other direct evidence of actual confusion. The Court views these omissions as both suspect and significant.”
How Keegan & Donato Consulting Can Help
As a specialty research consultancy, Keegan & Donato Consulting has designed hundreds of consumer research studies across a wide range of industries.
We obtain high-quality information from a representative sample of the targeted population and have strict procedures in place to minimize potential biases in data collection. Survey samples are obtained from prominent marketing research companies that maintain multi-million-member online consumer panels.
We have developed surveys for many of the top IP litigation firms in the nation, including Fox Rothschild LLP in New Jersey and Philadelphia, Arnold Porter LLP in San Francisco, Day Pitney LLP in New York City, Hogan Lovells in Washington, DC, and Morgan, Lewis & Bockius LLP in Boston.
As you consider consumer survey companies that can help bolster your case in Minneapolis, take advantage of the extraordinary expertise of our company by contacting Keegan & Donato Consulting at (914) 967-9421.