When faced with IP litigation in Tulsa, OK, consumer survey companies, such as Keegan & Donato Consulting, can help you establish how consumers view your clients’ trademarks and the products and services with which those marks are associated.
Keegan & Donato Consulting, a specialty research consultancy, is located in Rye, New York. We provide a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients across the nation, consumer research studies, expert reports, testimony during litigation, testimony at deposition and/or trial, and rebuttal of opposing parties’ surveys when applicable.
What We Do for Our Valued Clients
- Design, execute and present results of:
- trademark litigation surveys, including likelihood of confusion, secondary meaning, trade dress, strength of mark, genericness, fame, and others;
- false and deceptive advertising, consumer perception, and other types of marketing surveys;
- Critique and rebuttal of trademark and marketing surveys;
- Damages and forensic economic analyses;
- Expert witness testimony on consumer survey, marketing and economic issues.
We will work within your budget to deliver the survey evidence you need, and have been engaged by leading IP litigators such as Betancourt, Van Hemmen, Greco & Kenyon LLC in New Jersey, Duane Morris LLP in New York, Girard Gibbs LLP in San Francisco, and attorneys nationwide.
Should You Proceed Without Survey Evidence?
Perhaps your client can’t afford to invest in a survey. Perhaps you did not get adequate results from a pilot survey. Or, perhaps your adversary’s consumer survey is so flawed that you hope a rebuttal expert can critique the results without having to conduct another survey. Regardless of the reasons, it can be hazardous to proceed without survey evidence that is designed and executed by trained independent experts.
An example is Valador, Inc v. HTC Corporation, 1:16-cv-1162 – Dist. Court, E.D. VA (2017). The plaintiff, a NASA contractor, alleged that the defendant, one of the world’s largest cell phone makers, violated its trademark on 3-D rendering software (“VIVE”) by marketing a virtual reality headset with a similar name (“HTC Vive”).
To support the likelihood of confusion claim, the plaintiff hired a consultant who claimed to be an expert in marketing, marketing research, and conducting market surveys, but whose qualifications and capabilities fell short.
The Court excluded the survey results in their entirety, determining that the expert was “not qualified to present his proffered opinions,” and finding that the survey “(1) failed to evaluate the proper universe of respondents; (2) did not replicate market conditions; (3) neglected to use a control group; (4) eschewed the recognized methodologies for conducting trademark confusion surveys; and (5) asked improperly leading questions. These fundamental flaws, taken together, render the survey so unreliable as to be inadmissible.”
As you look for consumer survey companies that can help strengthen your Tulsa, OK case strategy, reach out to the experts at Keegan & Donato Consulting by calling (914) 967-9421. We work on a fixed rate or hourly basis based on your needs, and will help you design a reliable, methodologically sound consumer study.