If you are looking for experts with strategic and analytical skills who can provide consumer survey evidence to strengthen your trademark infringement cases, Keegan & Donato Consulting offers the expertise and data-gathering capabilities you need.
Keegan & Donato Consulting provides a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and/or trial, and rebuttal of opposing parties’ surveys when applicable.
As a specialty research consultancy, we are members of the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), the Association for Consumer Research (ACR), and ESOMAR, the leading global association for market, social and opinion researchers, and offer other skills and tools that can help you strengthen your case.
Why Choose Keegan & Donato Consulting?
Primarily through survey evidence, highly qualified experts, such as Keegan & Donato Consulting, can help establish whether or not competing marks are likely to confuse consumers; whether or not a descriptive mark has acquired secondary meaning; whether or not a mark is famous; and whether or not one brand’s mark is likely to cause dilution.
Expert advice can also be crucial for making the most of fact discovery, framing discovery requests, and identifying issues to investigate in depositions, as well as to identify flaws and weaknesses in a study that may help you refute the credibility of an expert’s work. Keegan & Donato Consulting can provide expert analysis for rebuttal.
Most of our consumer studies cost between $30,000 and $80,000 to complete, and $55,000 is the most typical cost. We work on a fixed rate or hourly basis depending on your needs and will work with you to design a survey that is both reliable and within your budget.
Don’t Let Flawed Surveys Damage Your Case
Consumer research surveys are highly vulnerable to criticism, and courts are careful to scrutinize them for methodological flaws. Issues surrounding sample selection, interviewer bias, or suggestive wording may cause a judge to give a survey little weight, or deem some or all of the results inadmissible.
For example, in Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), the plaintiff’s surveys were deemed inadmissible because the Court determined them to be unscientific and poorly constructed. The survey expert was also rejected as unqualified “to design a survey or to interpret survey results.”
In Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1142, 1144-50 (10th Cir. 2013), there is a lengthy discussion wherein the Court concludes that the defendant’s survey evidence “had too many methodological flaws to be of any probative value.”
Hiring qualified survey experts, such as Keegan & Donato Consulting, will have a significant impact on whether the court deems your survey results admissible. We consider methodological design among the most important aspects of designing a consumer research study.
If you need consumer survey evidence that will help you develop a powerful trademark infringement case strategy, Keegan & Donato Consulting can provide the expertise you need. Contact us at (914) 967-9421 to learn more.