When facing claims of trademark infringement, one possible defense strategy is the use of consumer surveys. Consumer surveys provide valuable evidence to support a defendant’s argument that there is no likelihood of confusion between their product or service and the plaintiff’s trademark. These surveys can be conducted by independent research firms like Keegan & Donato Consulting and help gather objective data on consumer perceptions and associations with the trademarks in question.
Why Seek Expert Advice
Consulting with our experienced professionals can provide valuable insights and guidance. We specialize in survey design, data collection, and analysis to ensure that your surveys are scientifically rigorous and meet industry standards.
Our firm provides services to attorneys and their clients in state and federal courts, in front of arbitration panels, the TTAB, the NAD, and other specialty venues. Principals Mark Keegan and Tony Donato possess over 30 combined years of proven survey methodologies, deep operational insight, and broad industry experience.
By leveraging data and statistical analysis by our experts, survey research offers a scientific basis to support or challenge trademark claims. It can help you go beyond subjective opinions and anecdotal evidence, providing a solid foundation for decision-making in trademark litigation.
Our likelihood of confusion surveys measure the probability that consumers will confuse one trademark with another. They are beneficial in disputes over similar marks, where one party claims the other’s mark is too similar and creates confusion in consumers’ minds. This evidence can be crucial in helping courts decide whether trademark infringement has occurred.
We also use dilution and secondary meaning surveys to assess whether a well-known trademark’s uniqueness or reputation has been diluted by another party using a similar mark. These surveys can also determine if a mark has acquired a secondary meaning, strengthening the trademark protection for otherwise descriptive terms.
Consumer surveys must meet specific standards of reliability and relevance to be admissible as evidence in court. Courts typically consider factors such as the survey methodology, sample size, representativeness of the sample, and the questions asked. Defendants must ensure that their surveys are conducted using accepted methodologies by reputable research firms such as Keegan & Donato Consulting.
Build a Comprehensive Defense
It is also important to note that consumer surveys should not be relied upon as the sole defense strategy in trademark infringement cases. Other factors should also be considered, such as actual confusion, similarity of goods or services, and the strength of the plaintiff’s trademark. Consumer surveys should be used with other evidence and legal arguments to build a comprehensive defense against infringement claims.
Key Takeaways
Consumer surveys can serve as a valuable defense strategy in trademark infringement claims. By presenting survey results demonstrating that consumers do not associate the defendant’s product or service with the plaintiff’s trademark, defendants can effectively challenge the claim of likelihood of confusion. Call Keegan & Donato Consulting at (914) 967-9421 to explore our capabilities.