Experienced consumer survey companies, such as Keegan & Donato Consulting, can help you solve your biggest IP litigation and marketing research challenges in Raleigh with actionable insight that can be gained from a methodologically sound consumer research study.
Keegan & Donato Consulting is located in beautiful Rye, New York, and serves clients across the nation. We work on behalf of both plaintiffs and defendants to provide research, analysis, affidavits, declarations, expert reports, and rebuttal reports as needed in support of trademark infringement and trade-dress litigation, and have collaborated extensively on cases involving marketing, business and financial issues.
With a combined 25 years of experience in conducting consumer research studies, and membership in the International Trademark Association (INTA), the American Marketing Association (AMA), and ESOMAR, the leading global association for market, social and opinion researchers, we have wide-ranging skills and tools that can help you strengthen your case.
False Advertising Surveys
The Lanham Act, as codified in 15 U.S. Code §1125, is the statutory basis for most trademark claims. The false advertising section (commonly known as Section 43(a)) gives competitors a cause of action against rivals who engage in misleading advertising or labeling.
Issues raised in the Lanham Act are particularly well-suited to testing through consumer 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 there is nothing in the Lanham Act that requires litigants to introduce consumer surveys in false advertising disputes, a number of Lanham Act decisions have noted the absence of consumer survey evidence.
For example, in Eagle Snacks, Inc. v. Nabisco Brands, Inc., 625 F.Supp. 583 (D.N.J.1985), the court noted that, “failure of a trademark owner to run a survey to support its claims of brand significance and/or likelihood of confusion, where it has the financial means of doing so, may give rise to the inference that the contents of the survey would be unfavorable, and may result in the court denying relief.”
Consumer Perception Surveys
Consumer perception of marketing claims can be tested through consumer research. Consumer surveys can also be a useful tool for brand holders who want to gauge consumer perceptions of products or services; evaluate the buying habits of their target market; test the marketplace for a new brand name, logo or idea; and other key marketing issues.
Keegan & Donato Consulting has extensive experience designing and executing studies to determine how consumers in a particular market perceive a marketing claim and the extent to which those consumer perceptions align with the realities of the product being marketed.
There are also many other situations where consumer research studies may prove useful, such as:
- Class actions brought by consumers under deceptive trade practice and unfair competition laws
- Challenges by a competitor before the National Advertising Division (NAD) of the Council of Better Business Bureaus
- Actions initiated by the NAD against advertisers
- Actions initiated by the Food and Drug Administration (FDA) for deceptive labeling and advertising
- Challenges brought by the Federal Trade Commission under the FTC Act for unfair and deceptive acts and practices (including deceptive marks)
When you are assessing consumer survey companies for your intellectual property case in Raleigh, consider a highly qualified survey consultancy firm like Keegan & Donato Consulting which offers vast experience and can quickly deliver intelligence within a wide range of budgets. Call us today at (914) 967-9421 to find out how we can help.