When you need a customer survey expert to assist you with trademark infringement litigation, it is important to choose a firm like Keegan & Donato Consulting that will meet the courts’ standards for design, execution and analysis.

The principals of Keegan & Donato Consulting – Mark Keegan and Tony Donato – have extensive strategic and analytical skills and 25+ years of combined expertise in designing, executing and critiquing consumer research studies in the context of litigation.

In addition to our consumer survey design capabilities, we provide services across many different industries 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

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 customers 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.

How Expensive are Consumer Surveys?

Keegan & Donato Consulting’s consumer research studies are custom-designed to meet the needs of your unique case. This may involve targeting specialized populations of respondents and developing unique designs to address the specific issues of importance in the case, factors that affect the time and level of difficulty of executing a study and its overall cost.

Most of our consumer studies cost between $30,000 and $80,000 to complete, and $55,000 is the most typical cost. We work on a fixed rate or hourly basis depending on your needs and will work with you to design a survey that is both reliable and within your budget.

Attorneys whose trademark litigation requires the support and expertise of a customer survey expert will benefit from the extraordinary knowledge of Keegan & Donato Consulting. Get in touch with us at (914) 967-9421 to explore our comprehensive services.