Developing effective survey questions is important in trademark litigation cases, as the results of the survey can provide crucial evidence to support a claim of trademark infringement. Located in Rye, New York, Keegan & Donato Consulting is a specialty research consultancy that designs and executes consumer-based surveys for attorneys and their clients nationwide in the context of intellectual property disputes.
With more than 30 years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato have expertise on many topics in the areas of trademark and trade dress. We work on a fixed rate or hourly basis based on your needs and will assist you with designing a reliable survey that is within your budget.
We have partnered with leading firms across the nation, including Blood Hurst & O’Reardon LLP (San Diego), SmithAmundsen LLC (Chicago), Ropes & Gray LLP (Washington, DC), and Notaro, Michalos & Zaccaria PC (New Jersey), on litigation surveys that have been accepted as evidence in matters involving a broad range of products and services.
Our Survey Methodologies
At Keegan & Donato Consulting, we recognize that the success of a consumer survey for litigation hinges upon a solid methodological foundation. Even minor methodological errors can have disastrous consequences for survey experts, potentially resulting in their exclusion from testifying in a case.
Our strong survey methodologies include these methods for developing effective survey questions for trademark litigation.
- Keep the questions simple and straightforward: The questions in the survey should be easy to understand and answer. Avoid using complex language or technical terms that may confuse consumers.
- Use closed-ended questions: Closed-ended questions, such as yes or no questions and multiple-choice questions, are easier for participants to answer and will provide more reliable data.
- Avoid leading questions: Leading questions can bias the results of a survey and should be avoided. Instead, use neutral language that does not suggest a particular answer and will minimize potential biases in data collection.
- Use a mix of questions: The survey should include a mix of questions that measure different aspects of consumer confusion, such as likelihood of confusion, source confusion, and association.
- Include control questions: Control questions can help establish the reliability of the survey results by testing the accuracy of the participants’ responses. For example, a control question could ask participants to identify the color of the logo of a well-known brand.
- Consider the context of the questions: The context of the questions could impact the survey results. Consider the timing and location of the survey and the market in which the alleged infringement occurred.
- Test the survey questions: Before conducting a survey, test the questions with a small group of participants to ensure that they are clear and effective.
Developing effective survey questions for trademark litigation requires careful consideration of the language, format, and context of the questions. If you are involved in trademark litigation, it is essential to work with experienced survey consultants who can help you determine appropriate questions for your case. Call Keegan & Donato Consulting at (914) 967-9421 to learn more.