As you assess the qualifications and capabilities of trademark survey companies to assist in your Cleveland litigation, consider a company like Keegan & Donato Consulting that can deliver persuasive survey evidence which will stand up to judicial scrutiny.
Keegan & Donato Consulting is a specialty research consultancy that designs and executes consumer-based surveys for attorneys and their clients in the context of intellectual property disputes. Principals Mark Keegan and Tony Donato have over 25 years of cumulative experience in the field of consumer research.
Our survey expertise combined with our analytical skills and extensive knowledge of intellectual property issues, allow us to quickly understand the dynamics of client companies and markets.
We have completed hundreds of consumer research studies that have been admitted into evidence in state and federal courts, at arbitration, the TTAB, the NAD, and other venues. We also have extensive testimony experience.
Why Hire the Most Qualified Survey Expert?
There is no specific requirement to present consumer survey evidence, but it may help you build a stronger case. Consumer studies can be used as evidence in support of (or against) claims of likelihood of confusion, trade dress, genericness, distinctiveness, or secondary meaning.
However, all surveys are not necessarily accorded evidentiary weight by the courts without judicial analysis. Hiring qualified survey experts will help your survey withstand attack.
In Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), for example, the court excluded the plaintiff’s surveys, deeming them unscientific and poorly constructed. The survey expert was also rejected as unqualified “to design a survey or to interpret survey results.”
In Troublé v. Wet Seal, Inc., 179 F.Supp.2d 291 – Dist. Court, S.D. New York (2001), the court excluded the survey results offered by the defendant, stating that, “Given the lack of a proper universe and sample, the poor choice of location, the lack of proper stimuli, and questions that have little or no relevance to issues in the case, the Court finds that the prejudicial effect of [defendant’s] survey substantially outweighs its probative value.”
These examples illustrate the importance of choosing a qualified expert who designs methodologically sound surveys and will be able to withstand cross-examination and explain his or her methodology in a clear and concise manner.
Rebuttals & Critiques
A trademark survey may also help you refute the credibility of an opposing expert’s work.
Keegan & Donato Consulting has extensive experience in critiquing and rebutting litigation surveys submitted by opposing experts on a wide range of issues. If you are faced with a research study that may not have been designed or executed properly, Keegan & Donato Consulting can identify small and large methodological flaws and provide expert analysis for rebuttal.
Cost of Trademark Surveys
Keegan & Donato Consulting’s consumer research studies are custom-designed to meet the needs of each individual case. This often involves targeting specialized populations of respondents and developing unique designs to address the specific issues of importance in the case, factors that affect the time and level of difficulty of executing a study, as well as its overall cost.
Most of our consumer studies cost between $30,000 and $80,000 to complete, and $55,000 is the most typical cost. We work on a fixed rate or hourly basis depending on your needs, and will work with you to design a survey that is both reliable and within your budget. We will always provide you with an estimate of project costs prior to engagement, and our fees are clearly outlined in our engagement agreement.
As you vet trademark survey companies to assist you with litigation in Cleveland or elsewhere in the nation, consider a firm like Keegan & Donato Consulting that will meet the courts’ standards for design, execution and analysis. Contact us at (914) 967-9421 to learn more about our successful track record.