Customized Surveys for Litigation

Customized surveys can bolster your intellectual property litigation by providing insight into actual consumer perceptions, often when no other scientific evidence is available.

Keegan & Donato Consulting works on behalf of both plaintiffs and defendants nationwide to provide research, analysis, affidavits, declarations, expert reports, and rebuttal reports as needed in support of trademark infringement and trade-dress litigation, and have collaborated extensively on cases involving marketing, business and financial issues.

Expertise

Mr. Keegan is a member of the New York and Connecticut Bar Associations. He has crafted complex case strategies for his clients and served as a marketing strategist for top brands. He is also an AMA-designated Professional Certified Marketer.

Mr. Donato has an extensive analytical background in intellectual property and consumer behavior cases related to trademark, copyright, marketing and advertising disputes, as well as business damages.

With over 25 combined years of experience in conducting consumer research studies, and membership in the International Trademark Association (INTA), the American Marketing Association (AMA), and ESOMAR, the leading global association for market, social and opinion researchers, we have wide-ranging skills and tools that can help you strengthen your case.

Our methodologically sound consumer surveys have been accepted as evidence in federal and state courts, at arbitration, the Trademark Trial and Appeal Board (TTAB), and the NAD, and we have testified extensively at deposition and at trial.

Methodology

Keegan & Donato Consulting follows established principles of consumer survey research beginning with a rigorous and valid survey design that explores the relevant issues in each case. Some of the industry best practices that we build into our survey designs include:

• Appropriate universe selection and sampling frame;
• Inclusion of representative, qualified respondents;
• Use of procedures to minimize potential biases in data collection;
• Use of objective, non-leading questions;
• Use of procedures to reduce guessing among respondents; and
• Full analysis and reporting of survey data.

We employ both classic survey designs and develop innovative custom survey designs to meet our clients’ needs. Our industry-leading online survey software platform facilitates the programming and execution of advanced survey designs, including complex skip logic and advanced rotation and randomization of questions, answer options, and stimuli.

Keegan & Donato Consulting can also help you analyze the economic, financial or technical complexities of your case; assist in your assessment of different case strategies; determine which deposition questions to ask; help you prepare a testifying expert for deposition and trial; or critique the potential weaknesses in an adversary’s survey evidence in a rebuttal report.

If you need state-of-the-art customized surveys for litigation, a pilot study on logo similarity, or an exhaustive review of a product line, Keegan & Donato Consulting can deliver intelligence quickly and within a wide range of budgets. Contact us at (914) 967-9421 to find out how we can help.

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