With 25 years of combined experience in consumer research studies, Keegan & Donato Consulting has served the nation’s top law firms as highly qualified survey experts and consultants in intellectual property cases.

Consumer research surveys are a common approach toward proving likelihood of confusion, secondary meaning, acquired distinctiveness, strength of mark, trade dress, and more. Keegan & Donato Consulting has designed, implemented, and critiqued hundreds of studies across industries as diverse as designer apparel, high-end audio products and everything in between.

We have worked as experts on behalf of both plaintiffs and defendants, providing reports, affidavits, declarations and survey research in support of litigation in state and federal courts, the Trademark Trial and Appeal Board (TTAB), the NAB, at arbitration and at other specialty venues.

Keegan & Donato Consulting has been engaged by leading IP litigators across the country, such as Schepisi & McLaughlin PA in New Jersey, Debevoise & Plimpton LLP in New York City, Crone Hawxhurst LLP in Los Angeles, Blank Rome LLP in Philadelphia, and Cooley LLP in San Diego. 

Specialties

Our firm specializes in a wide range of trademark and trade dress analyses and surveys, including:

• Likelihood of Confusion –We measure likelihood of confusion through accepted survey designs and by crafting innovative custom surveys to ascertain whether or not consumers are confused by a party’s use of a contested mark.

• Strength of Mark – Consumer surveys are often used to evaluate consumer familiarity with a brand. Your strength of mark case may benefit from a survey that measures the level of consumer recognition of the mark.

• Secondary Meaning –We can help to strengthen your case strategy by designing a study to target relevant consumers in your client’s market and find out how they perceive your client’s brand.

• Acquired Distinctiveness– Consumer research data can assist in proving that your client’s mark has achieved acquired distinctiveness and is not likely to cause confusion about the origin of goods or services associated with the mark.

• Lanham Act Claims – A well-designed consumer research study can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real world impact on consumers.

Experience

Mark Keegan brings extensive experience to Keegan & Donato Consulting, having spent more than a decade formulating case strategies in complex litigation. As a founding partner, Mr. Keegan has consulted on many different litigation issues ranging from marketing and international business to consumer research for Lanham Act claims. He is licensed to practice law in New York and Connecticut and is an AMA-designated Professional Certified Marketer.

Tony Donato has served as a consultant in complex litigation matters since 2004 and has a background in marketing, intellectual property, and consumer behavior cases covering trademark, copyright, patent, best efforts, advertising, consumer surveys, business damages, and business marketing ethics. Mr. Donato received a Master of Public Policy from Georgetown University and has a strong analytical background. 

The firm is a member of ESOMAR, the leading global association for the research profession, the International Trademark Association (INTA), a worldwide organization of trademark owners and professionals dedicated to supporting trademarks and intellectual property to protect consumers and promote fair and effective global commerce, and the American Marketing Association (AMA).

To strengthen your intellectual property cases, consider consumer survey experts like Keegan & Donato Consulting. We have proven skills that will maximize the value of survey evidence in your overall case strategy. Get in touch today at (914) 967-9421.