As you evaluate consumer survey companies to design and execute reliable consumer research studies to bolster your Phoenix case strategy, consider the highly qualified experts of Keegan & Donato Consulting, who can quickly deliver intelligence within a wide range of budgets.
Keegan & Donato Consulting specializes in a wide range of trademark and trade dress analyses and surveys. We design, execute and analyze consumer research studies that will withstand the rigors of litigation and prove likelihood of confusion, strength of mark, secondary meaning, acquired distinctiveness, dilution, genericness, and other Lanham Act issues.
The fact that consumer survey evidence can play a significant part in your case calls for hiring a qualified survey expert. Surveys continue to receive the critical attention of the courts, and it is crucial to choose an expert who will be able to withstand cross-examination and explain his or her survey methodology in a clear and concise manner.
In Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. PA. May 10, 2016), for example, Parks sued Tyson Foods, claiming that the “Park’s Finest” sausages and hot dogs manufactured by Tyson’s Hillshire Brands division infringed on its “Ball Park Franks” brand.
The Court was critical of methodological flaws in a consumer survey submitted by Parks. It “was not probative of secondary meaning” and “was not directed at the appropriate universe of consumers.” Tyson Foods, on the other hand, introduced a consumer survey that showed little evidence of consumer confusion between its Park’s Finest sausages and Parks brand sausages. Tyson Foods prevailed.
If you have a case that involves consumer perception of contested marketing claims, Keegan & Donato Consulting has the ability to conduct studies to determine how consumers in a particular market perceive a marketing claim about a product and the extent to which their perceptions align with the realities of the product.
Recent studies we have conducted, for example, involved “all natural” and/or “100% natural” product claims. These studies examined how consumers perceive the natural claims and to what extent, if at all, those claims influenced their purchase decisions. Our research provided our clients with reliable empirical data regarding consumer perceptions of the key claims driving their cases.
Our studies have also examined related issues, including the extent to which particular marketing claims influence consumer demand for a product, how marketing communications impact consumer likelihood of purchase, and the relationship between marketing communications and the consumer’s willingness to pay a premium for a product.
Keegan & Donato Consulting takes all necessary steps to ensure that our consumer research studies have a solid methodological foundation that can withstand the rigors of litigation. Our state-of-the art survey designs adhere to the established principles of survey design, such as:
- Rigorous and valid design that is probative of the relevant issues in the case;
- An appropriate universe selection and sampling frame;
- Inclusion of representative, qualified respondents;
- Use of objective, unambiguous and non-leading questions;
- Procedures to minimize potential biases in data collection; and
- Full analysis and reporting of survey data.
Surveys designed by Keegan & Donato Consulting have been admitted into evidence in federal and state courts, at arbitration, and to the Trademark Trial and Appeal Board (TTAB), the NAD, and other specialty venues, and we have testified extensively at deposition and at trial.
We have worked with leading IP litigation firms across the nation, including SmithAmundsen LLC in Chicago, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo PC in Boston, LeClairRyan in Los Angeles, and Duane Morris LLP in Philadelphia, to maximize the value of survey evidence to their case strategies.
Don’t overlook the importance of a well-designed consumer survey to strengthen your Phoenix case. Companies like Keegan & Donato Consulting can help you develop a powerful litigation strategy. Contact us today at (914) 967-9421 to find out more about our services.