When crucial intellectual property issues arise in your litigation, Keegan & Donato Consulting can provide consumer research surveys and expert witness testimony that will hold up to scrutiny from courts and opposing experts.
Principals Mark Keegan and Anthony Donato offer an extraordinary combination of 25 years of experience and impeccable credentials in consumer-based survey research and data analysis, and follow a solid methodological foundation in survey design, execution and presentation. We can deliver intelligence quickly and within a wide range of budgets.
You may need an expert when the facts and issues of your case are not easily understood, or when a court would benefit from empirical evidence related to relevant issues in the case. Mr. Keegan and Mr. Donato have testimony experience as expert witnesses in a number of high-profile cases involving consumer behavior and trademark infringement.
We collaborate on a wide variety of marketing and complex commercial litigation issues, including consumer research, damages analysis, forensic economic analysis, and related areas.
We have assisted leading IP firms throughout the nation with their most complex cases, including Girard Gibbs LLP in San Francisco, Riemer & Braunstein LLP in Boston, Schepisi & McLaughlin, PA in New Jersey, and Day Pitney LLP in New York City.
Keegan & Donato Consulting can provide consumer research studies and expert witness testimony in cases involving:
- Likelihood of Confusion– We have designed and critiqued hundreds of likelihood of confusion studies to ascertain whether consumers are confused by a party’s use of a contested mark.
- Secondary Meaning – Proving secondary meaning can be a challenge. We can help you strengthen your case strategy by designing a consumer research survey to target relevant consumers in your client’s market and determine the extent to which consumers associate a contested mark with a single or multiple sources.
- Strength of Mark–If your case involves strength of mark, consider a survey that measures consumer reaction to the mark and demonstrates the level of consumer recognition. We can help you determine the extent to which consumers are familiar with your client’s brand.
- Lanham Act Claims – We can help you strengthen your Lanham Act case by analyzing whether an alleged infringement is having a real world impact on consumers. This may include claims of trademark or trade-dress infringement, dilution, genericness and other issues.
- Consumer Perception –The way consumers perceive and interpret specific claims made by a manufacturer on packaging and in other marketing communications and how those claims influence their purchase decisions are common issues in deceptive advertising cases. Consumer perception can be tested through consumer research.
Rule 702 of the Federal Rules of Evidence requires experts to have scientific, technical, or other specialized knowledge that will help the court understand the evidence, and the expert’s testimony must be based on sufficient facts or data obtained by reliable principles and methods that have been properly applied to the facts of the case.
Methodologically sound consumer surveys and expert testimony from Keegan & Donato Consulting will meet the courts’ standards for design, execution and analysis and can serve as powerful evidence in your case. Get in touch with us at (914) 967-9421 to find out how we can help.