Good survey results about consumer perceptions can be powerful evidence in support of your trademark litigation, but survey design flaws have resulted in surveys being partially or completely excluded as evidence.
Keegan & Donato Consulting designs and executes consumer research studies for a wide range of complex marketing and commercial litigation issues.
Providing services across the nation, we have been hired by top IP litigation firms such as SmithAmundsen LLC in Chicago, Schepisi & McLaughlin, P.A. in New Jersey, Irell & Manella LLP in Los Angeles, Wiley Rein LLP in Washington, DC, and Cooley LLP in San Diego.
Principals Mark Keegan and Anthony Donato offer a combined 25 years of experience in conducting consumer research studies in the context of intellectual property disputes.
The firm is a member of ESOMAR, the leading global association for market, social and opinion research, the International Trademark Association (INTA), and the American Marketing Association (AMA), and Mr. Keegan is an AMA-designated Professional Certified Marketer.
Methodologically Sound Surveys
Consumer surveys can play a fundamental role in successfully resolving trademark disputes, but many are never admitted into evidence, primarily because they were poorly designed and lacked objectivity. The result is that they are given little weight or rendered useless as evidence.
For this reason, Keegan & Donato Consulting considers methodological design the most critical aspect of designing consumer research studies. To that end, our state-of-the art survey designs adhere to the established principles of survey design, which include:
- Appropriate universe selection and sampling frame;
- Rigorous and valid survey design that is probative of the relevant issues in the case;
- Inclusion of representative, qualified respondents;
- Use of procedures to minimize potential biases in data collection;
- Use of objective, non-leading questions;
- Use of procedures to reduce guessing among respondents; and
- Full analysis and reporting of survey data.
An overly broad survey, even if based on a standard methodology, may be deemed inadmissible. This means it is crucial to employ a survey expert who can document and support the choice of survey questions, sample, and method, minimize the possibility of bias, and accurately report the data gathered.
Keegan & Donato Consulting also provides clients with guidance about potential weaknesses in an adversary’s survey evidence to critique the study in a rebuttal report. We can advise you on how to approach an opposing expert’s deposition with specific survey-related issues to address and questions about survey research in general. These services can have a remarkable impact on your client’s case.
We have designed, executed, and critiqued hundreds of surveys that have been admitted into evidence in federal and state courts, before arbitration panels, the Trademark Trial and Appeal Board (TTAB), and other venues. Principals Mark Keegan and Anthony Donato also have extensive testimony experience.
Consumer survey design by Keegan & Donato Consulting will ensure that the right survey questions are asked of the right universe of consumers in the right way. Contact us at (914) 967-9421 to take advantage of our training, expertise, and data-gathering capabilities.