When you need a consumer survey to support your Denver case, the experts at Keegan & Donato Consulting can provide you with litigation surveys, survey rebuttals, and expert testimony in a wide range of matters.
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.
Mark Keegan and Tony Donato offer 25-plus years of experience and a combination of strategic and analytical skills. Mr. Keegan has a background in formulating complex case strategies on behalf of his clients and as a marketing strategist working with top brands. Mr. Donato has a strong analytical background in marketing, intellectual property, and consumer behavior cases covering consumer surveys, trademark, copyright, advertising, business damages, and business ethics.
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.
We can work within your budget to deliver the survey evidence you need, and have been engaged by leading IP litigators such as Riemer & Braunstein LLP in Boston, Schepisi & McLaughlin, PA in New Jersey, Girard Gibbs LLP in San Francisco, Day Pitney LLP in New York City, and attorneys throughout the nation.
How Survey Flaws Could Damage Your Case
An overly broad survey that fails to address the key issues in a case, asks leading, suggestive or ambiguous questions, samples from the wrong geographic area, etc., even if based on an accepted standard methodology, may be deemed inadmissible or given little weight.
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 about the Court’s conclusion that survey evidence submitted by the defendant, “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. We have conducted and critiqued hundreds of studies across industries ranging from designer apparel to high-end audio products and everything in between.
As you evaluate consumer survey experts for your IP litigation in Denver, call Keegan & Donato Consulting at (914) 967-9421 to find out how our highly qualified firm can help.