Keegan & Donato Consulting offers the economic, financial, marketing, and consumer research expertise you need from a consumer survey expert witness in the context of intellectual property disputes.
Our firm, located in Rye, New York, has designed, executed, and critiqued a vast number of consumer surveys that have been admitted into evidence in federal and state courts, before arbitration panels, the TTAB, the NAB, and other specialty venues. Principals Mark Keegan and Anthony Donato have extensive testimony experience.
Survey research is used to assess consumer confusion, misleading advertising claims, copyright infringement, trademark infringement, disparagement, and a wide variety of other disputes. Our expertise as marketing and survey experts includes:
- State-of-the-art survey design and execution
- Full-service data gathering and reporting capabilities
- Pilot studies and exploratory research
- Damages analysis and forensic economic analysis
- Collaboration on complex commercial litigation issues
- Critique or rebuttal of opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
- Expert witness testimony at deposition and trial
We have worked on behalf of plaintiffs and defendants with leading IP litigators across the nation, such as Morgan, Lewis & Bockius LLP in Boston, LeClairRyan in Los Angeles, Day Pitney LLP in New York City, Cooley LLP in San Diego, and Blank Rome LLP in Philadelphia.
Selecting a Qualified Expert
Expert advice can be critical for a variety of reasons, such as in making the most of fact discovery, framing discovery requests, and identifying issues to investigate in depositions. Primarily through survey evidence, an expert can help establish whether or not a descriptive mark has acquired secondary meaning; whether or not competing marks are likely to confuse consumers; whether or not a mark is famous; and whether or not one brand’s mark is likely to cause dilution to a competing mark.
There are several criteria to consider when selecting the most appropriate expert for your case, but experience is one of the most important factors. It is important that the expert have the right balance of educational background and practical research experience, as well as experience in being deposed and testifying at trial.
Keegan & Donato Consulting is proud to offer 25 combined years of experience in survey design and execution, consumer research, analytical expertise, and the formulation of case strategies in complex litigation that can help law firms and their clients prevail in IP litigation.
Mark Keegan has consulted for more than a decade on litigation issues such as marketing, international business, consumer studies for Lanham Act claims, and formulating complex case strategies. He is an AMA Professional Certified Marketer (PCM) and has worked with top brands as a marketing strategist helping to position them in the market and create innovative online advertising solutions. Mr. Keegan holds a law degree from Brooklyn Law School and is licensed to practice in Connecticut and New York.
Tony Donato has consulted in complex litigation matters involving intellectual property, consumer behavior, and marketing cases covering trademark, patent, copyright, advertising, consumer surveys, business ethics, business damages, and other issues. He offers clients a strong analytical background and a wide range of experience in research, survey design & execution, strategy, data analysis and case management. Mr. Donato received a Master of Public Policy degree from Georgetown University.
When you need the services of a highly qualified consumer survey expert witness, call (914) 967-9421 or contact us here to find out how Keegan & Donato Consulting can help.