If you are involved in trademark litigation and need a consumer survey to bolster your case strategy, Keegan & Donato Consulting can help.
Keegan & Donato Consulting provides a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and/or trial, and rebuttal of opposing parties’ surveys when applicable.
As a specialty research consultancy, we are members of the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), the Association for Consumer Research (ACR), and ESOMAR, the leading global association for market, social and opinion researchers, and offer other skills and tools that can help you strengthen your case.
Issues Consumer Surveys Can Measure
Surveys can be useful in attempting to measure a number of issues related to intellectual property matters and provide evidence of infringement.
A common issue addressed by consumer survey research is likelihood of confusion. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe there is a relationship between the plaintiff’s and the defendant’s mark, brand, or product.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, can be measured by means of a consumer research study, and may provide a strong indication that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
Acquired distinctiveness can be measured with consumer survey research. When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and widespread commercial use.
Lanham Act Claims – Lanham Act issues are particularly well-suited to testing through consumer research. Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.
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
- Critiqueof opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
Keegan & Donato Consulting works on a fixed rate or hourly basis depending on the needs of each client, and will help you design a survey that is both reliable and within your budget.
If you are looking for experts with strategic and analytical skills who can provide consumer surveys to strengthen your trademark litigation, Keegan & Donato Consulting offers the expertise and data-gathering capabilities you need. Contact us today at (914) 967-9421 to explore our wide range of services.