Consumer surveys can help law firms address unique questions or evidence that is central to the issues in their cases and assist with quantifying damages. Employing a qualified expert, such as Keegan & Donato Consulting, will impact whether the court deems your survey results admissible.
Keegan & Donato Consulting, located in Rye, New York, serves clients across the nation. We work on behalf of both plaintiffs and defendants to provide research, analysis, affidavits, declarations, expert reports, and rebuttal reports as needed in the context of intellectual property disputes, and have collaborated extensively on cases involving a wide range of marketing, business and financial issues.
Value of Consumer Research Studies
Surveys are an invaluable tool for brands who want to gauge consumer perception of products or services; measure consumer understanding of contested marketing claims; assess the buying habits of a target market; test the marketplace for a new brand name, logo or concept; and other key marketing issues.
Keegan & Donato Consulting designs, executes, analyzes, and presents the results of IP litigation surveys, including:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Acquired Distinctiveness
- Lanham Act Claims
In addition to our consumer survey design capabilities, the firm provides services in these and other areas:
- Full-service data gathering and reporting
- Marketing, damages and forensic economic analysis
- Collaboration on complex commercial litigation issues
- Pilot studies and exploratory research
- Critique of opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
How an Expert Can Help
Trial judges closely scrutinize all proffered expert testimony. When surveys are not conducted by trained independent experts using sound methodologies, the court may find them to be of limited value and give them little or no weight.
In Dardenne v. MoveOn.org Civil Action, CIV. A. 14-00150-SDD, 2014 WL 1364854, for example, the Court placed “little weight on the survey results for the reason that the survey’s methodology was fundamentally flawed in both its sampling and the questions employed.”
Principals Mark Keegan and Tony Donato offer an extraordinary combination of 25+ years of combined 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.
We can work within your budget to deliver the survey evidence you need, and have been engaged by leading IP litigators, including Schepisi & McLaughlin, PA in New Jersey, Mandel & Iola LLP in San Diego, Riemer & Braunstein LLP in Boston, Girard Gibbs LLP in San Francisco, and Day Pitney LLP in New York City.
Keegan & Donato Consulting is a member of ESOMAR, the leading global professional organization for market, social and opinion researchers, the International Trademark Association (INTA), and the American Marketing Association (AMA), and Mr. Keegan is an AMA-designated Professional Certified Marketer (PCM).
Law firms that require a marketing research survey, trademark survey, or another type of consumer survey to support a case will appreciate the extraordinary expertise of a company such as Keegan & Donato Consulting. Get in touch with us at (914) 967-9421 to find out more about our capabilities.