When you need a consumer survey in New Orleans, LA, for a trademark infringement dispute, marketing research, or another type of survey to support your case, take advantage of the extraordinary expertise of companies like Keegan & Donato Consulting.
Keegan & Donato Consulting is a consulting firm that serves litigators and their clients. Our areas of expertise include consumer survey research, marketing analysis, intellectual property, damages analysis, forensic economic analysis, and related disciplines.
We are members of the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), the Association for Consumer Research (ACR), and ESOMAR, the leading global association for market, social and opinion researchers, and offer other skills and tools that can help you strengthen your case.
What We Can Measure by Consumer Surveys?
Surveys can be extremely useful as you attempt to measure issues related to intellectual property matters and provide evidence of infringement.
Likelihood of confusion is a common issue addressed by consumer survey research. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe there is a relationship between the plaintiff’s and the defendant’s mark, brand, or product.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, can be measured by means of a consumer research study, and may provide a strong indication that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness. Consumer recognition of a famous mark can be measured directly by a survey.
Acquired distinctiveness can be measured with consumer survey research. When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and widespread commercial use.
Trade dress, like a trademark, is protectable under the Lanham Act. Conducting a consumer survey can help you gather the evidence to prove whether the trade dress in question has established secondary meaning or is likely to cause confusion in the marketplace.
Keegan & Donato Consulting provides nationwide service to attorneys practicing in federal and state courts, before arbitration panels, the Trademark Trial and Appeal Board (TTAB), and other specialty venues, and has been engaged by leading firms, including Riemer & Braunstein LLP in Boston, Arnold & Porter LLP in San Francisco, Debevoise & Plimpton LLP in New York City, and Stanley, Mandel & Iola, LLP in San Diego.
To maximize the value of consumer survey evidence to your overall litigation strategy in New Orleans, LA, companies like Keegan & Donato Consulting will work within your budget to design an appropriate survey and deliver the results you need. Contact us today at (914) 967-9421.