Consumer research surveys can play a crucial role in successfully resolving trademark disputes, but critiques and rebuttals of surveys can be equally influential. When you are facing tough survey evidence from a top name in the field, Keegan & Donato Consulting can help.
Keegan & Donato Consulting is a specialty research consultancy and a leading firm in the field of trademark litigation. We utilize classic survey designs and innovative custom designs to meet our clients’ needs.
Relying upon a combined 25 years of proven survey methodologies, deep operational insight and vast industry experience, principals Mark Keegan and Anthony Donato provide expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants in support of trademark infringement litigation, and have collaborated extensively on cases involving business, marketing, and financial issues.
Our methodologically sound surveys and meticulous analytical skills have assisted firms across the nation, such as Blood Hurst & O’Reardon LLP in San Diego, SmithAmundsen LLP in Chicago, Pashman Stein in New Jersey, and Kaye Scholer LLP in Los Angeles, Philadelphia and New York City.
Why Critique a Consumer Research Survey?
Do you know if the researcher adhered to the fundamental scientific principles that apply to the design and execution of survey research? Was the survey designed to query the appropriate population or universe? Were the survey results based on ambiguous, misleading or subjective questions? Did the researcher accurately report the data gathered?
If an analysis of these and other factors determines that the opposing expert’s survey was not scientifically valid, it is possible for the survey to be rendered inadmissible or given little weight by the court.
With an unparalleled knowledge of the science and methodology behind consumer research surveys, Keegan & Donato Consulting 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 opposing expert’s work.
Consumer research studies are a common approach toward proving likelihood of confusion, secondary meaning, strength of mark, acquired distinctiveness, consumer perception, and more. Keegan & Donato Consulting has designed hundreds of studies across a wide range of industries.
However, survey research is prone to researcher error, and those errors can affect the validity of the data collected. A methodologically sound survey must include:
- an appropriate universe selection and sampling frame
- inclusion of representative, qualified respondents
- a rigorous and valid design that proves the relevant issues in the case
- procedures to minimize potential biases in data collection
- use of objective, unambiguous and non-leading questions
These are just a few of the factors we analyze when critiquing a survey to determine its validity.
Whether you are interested in consumer survey critiques to expose a study’s methodological flaws or want to run a survey of your own to strengthen your case, take advantage of our extraordinary expertise by contacting Keegan & Donato Consulting at (914) 967-9421.