Consumer survey companies, such as Keegan & Donato Consulting, can provide plaintiffs and defendants in Philadelphia and across the nation with litigation surveys, survey rebuttals, and expert testimony for a wide variety of matters.
Keegan & Donato Consulting offers extraordinary experience in the design, execution, and critique of consumer research studies that have been admitted into evidence in state and federal courts, at arbitration, the NAB, and to the TTAB. Principals Mark Keegan and Anthony Donato also have extensive testimony experience.
Mr. Keegan has a Juris Doctor from Brooklyn Law School as well as a background as a marketing strategist working with top brands. Mr. Donato has a Master of Public Policy from Georgetown University and a strong analytical background in marketing, intellectual property, and consumer behavior cases covering consumer surveys, trademark, patent, copyright, advertising, business damages, and business ethics.
We have assisted firms in Philadelphia develop effective case strategies, such as Giampolo Law Group, Kaye Scholer LLP, Duane Morris LLP, and Blank Rome LLP, as well as many other firms from coast to coast.
Lanham Act Surveys
Keegan & Donato Consulting specializes in conducting surveys to test a wide variety of Lanham Act claims, such as likelihood of confusion, strength of mark, acquired distinctiveness, secondary meaning, genericness, trade dress, and more, as well as false and deceptive advertising, and consumer perception. We also provide expert witness testimony on consumer survey, marketing and economic issues.
Although nothing in the Lanham Act requires consumer surveys to be introduced in disputes, they can serve as very persuasive evidence of whether an advertisement or trademark causes consumers to be confused or misled. However, surveys must be well-designed and scientifically sound, or they may be given little weight by the court or partially or completed excluded.
Our Survey Methodology
Keegan & Donato Consulting has the education and experience to design methodologically sound and reliable surveys following established principles, such as:
- Appropriate universe selection and sampling frame;
- Rigorous design that explores relevant issues in the case;
- Inclusion of representative, qualified respondents;
- Minimizing potential biases in data collection;
- Use of objective, non-leading questions;
- Use of procedures to reduce guessing among respondents; and
- Accurate analysis and reporting of survey data.
We employ both classic survey designs and develop innovative custom designs to meet our clients’ needs. Our industry-leading online survey software platform facilitates the programming and execution of advanced survey designs, including complex skip logic and advanced rotation and randomization of questions, answer options, and stimuli, features that are employed whenever appropriate.
We obtain our survey sample from leading marketing research companies that maintain multi-million member online consumer panels. These companies are top providers of survey sample in the U.S. and are used by prominent marketing research firms.
Don’t overlook the importance of a well-designed consumer survey to strengthen your Philadelphia case. Companies like Keegan & Donato Consulting can help you develop a powerful litigation strategy. Contact us today at (914) 967-9421 to learn more about our services.