When you need a consumer survey to support your Omaha case, the experts at Keegan & Donato Consulting can provide you with litigation surveys, survey rebuttals, and expert testimony for a wide variety of matters.

Keegan & Donato Consulting is a specialty research consultancy and a leading firm in the field of trademark litigation.  The firm provides expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants throughout the nation, and has collaborated extensively on cases involving business, marketing, and financial issues.

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.

Trademark & Trade-Dress Surveys

Keegan & Donato Consulting specializes in a wide range of trademark and trade-dress analyses and surveys in conjunction with IP litigation, including:

• Lanham Act Claims
• Likelihood of Confusion
• Secondary Meaning
• Strength of Mark
• Acquired Distinctiveness
• Survey Critiques and Rebuttals

Our research is focused on collecting empirical data from relevant consumers through methodologically-sound, scientific, industry-accepted principles of survey research.

The firm has designed hundreds of consumer research studies across a wide range of industries. In order to obtain high-quality information from a representative sample of the targeted population, we have strict procedures in place to minimize potential biases in data collection.

While nothing in the Lanham Act requires consumer surveys to be introduced in disputes, they can serve as persuasive evidence of whether an advertisement or trademark causes consumers to be confused or misled. However, surveys must be well-designed and scientifically sound, or they may be given little weight by the court or partially or completely excluded.

For example, in First Data Merchant Services Corp. v. SecurityMetrics, Inc., No. RDB–12–2568, 2014 WL 6871581 (D. Md. Dec. 3, 2014), the report, opinions and testimony of the defendant’s survey expert were excluded by the Court from the false advertising portion of the case as a result of the expert’s failure to use a control to test for consumer confusion (a “significant flaw”), and “several other troubling aspects” of its methodology.

Because every case is unique, Keegan & Donato Consulting works with each client to understand the fundamental issues of their cases in order to maximize the value of the survey evidence to the overall case strategy. We would be pleased to advise you on the best approach to your consumer survey or provide you with an objective evaluation of an opposing expert’s survey research.

Whether you are in Omaha or elsewhere in the U.S., consumer survey experts like Keegan & Donato Consulting can help you develop a powerful strategy with a reliable, methodologically sound consumer research study. Get in touch with us today at (914) 967-9421.