Hire companies like Keegan & Donato Consulting to deliver persuasive consumer survey evidence in your San Antonio case that will stand up to judicial scrutiny.
Keegan & Donato Consulting is a specialty research consultancy and a leading firm in the field of trademark litigation. The firm provides expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants throughout the nation, and has collaborated extensively on cases involving business, marketing, and financial issues.
Trademark & Trade-Dress Surveys
In conjunction with IP litigation, Keegan & Donato Consulting specializes in a wide range of trademark and trade-dress analyses and surveys, including:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Acquired Distinctiveness
- Lanham Act Claims
- Survey Critiques and Rebuttals
Our research is focused on collecting empirical data from relevant consumers through methodologically-sound, scientific, industry-accepted principles of survey research.
The real-world results we have collected have provided our clients a foundation for presenting fact-based evidence in support of their positions.
In addition to determining how consumers understand contested marketing claims, our studies also examine related issues, including the extent to which those marketing claims influence consumer demand for a product, how marketing communications impact the likelihood of a purchase, and the relationship between marketing communications and the consumer’s willingness to pay a premium for a product.
We can help you evaluate the buying habits of a target market, test the marketplace for a new brand name, logo or concept, and a wide variety of other key marketing issues.
Choosing a Qualified Expert
Consumer research surveys are highly vulnerable to criticism, and courts may discount all or part of a survey if it is found to have a flawed design or methodology or to have been conducted by an unqualified expert.
In THOIP v. Walt Disney Co., 690 F.Supp.2d 218 – Dist. Court, SD. New York (2010), for example, the plaintiff in the trademark dispute argued that its mark had been infringed by two lines of T-shirts of the Walt Disney Company. Both sides argued that the other’s expert survey concerning consumer confusion was methodologically unsound, rendering the survey and accompanying testimony inadmissible.
Disney’s survey evidence was accepted by the court, but THIOP’s survey was determined to be inadmissible because it “did not sufficiently approximate the manner in which consumers encountered the parties’ products in the marketplace, which severely diminished the reliability and probative force of the survey” [see 690 F.Supp.2d 240].
Keegan & Donato Consulting offers extraordinary expertise in the field of consumer research studies and our work has been admitted into evidence in state and federal courts, at arbitration, the NAD, and to the TTAB. Principals Mark Keegan and Tony Donato also have extensive testimony experience.
Rebuttals & Critiques
With an unparalleled knowledge of the science and methodology behind consumer research surveys, Keegan & Donato Consulting also has the ability to identify flaws and weaknesses in a study that may not be apparent to an untrained eye, but may help you refute the credibility of an expert’s work.
If you are confronted during litigation with a research study that may not have been designed or executed properly, we can identify small and large methodological flaws and provide expert analysis for rebuttal.
Whether you need a consumer survey to strengthen your San Antonio case or an expert to critique an opponent’s study, experienced companies like Keegan & Donato Consulting can help. Get in touch with us at (914) 967-9421 to learn more.