Tip the balance in your favor by hiring Keegan & Donato Consulting when you need effective trademark surveys for litigation. We will work within your budget to deliver the results you need.
Our firm offers a complete suite of services, including consultation on litigation strategy for plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade dress litigation, testimony at deposition and trial, and rebuttal of opposing parties’ surveys when applicable.
We have extraordinary expertise in the field of consumer surveys, and our work has been admitted into evidence in state and federal courts, at arbitration, the NAD, and the TTAB, and other specialty venues. Principals Mark Keegan and Tony Donato also have extensive testimony experience.
Our Survey Specialties
Keegan & Donato Consulting specializes in a wide range of trademark and trade-dress analyses and surveys, such as:
- Likelihood of Confusion –We measure likelihood of confusion through classic survey designs and by crafting innovative custom surveys to meet client needs. When well-designed, the survey can deliver direct scientific evidence of the degree to which a consumer believes there is a relationship between the plaintiff’s and the defendant’s mark, brand, or product.
- Strength of Mark –Distinctive marks are granted more protection by the courts because they identify the source of a particular product or service. Strength of mark surveys can yield reliable evidence in trademark infringement cases.
- Secondary Meaning –Some marks are not inherently distinctive and can be protected only if they have acquired “secondary meaning.” Proving secondary meaning can be a crucial step in trademark litigation.
- Acquired Distinctiveness– Descriptive marks and geographically descriptive marks, such as Hawaiian Fruit Punch, may be protectable if they have acquired distinctiveness. Keegan & Donato Consulting offers extensive experience in conducting acquired distinctiveness surveys.
- False Advertising – False advertising is suitable for testing through consumer research by addressing how consumers interpret—and misinterpret— symbols, names, and other marks used by businesses.
- Lanham Act Claims – The Lanham Act prohibits trademark infringement, trademark dilution, and false advertising. A well-designed consumer research study can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.
How Important is a Trademark Survey?
If you have not decided whether or not you need a trademark survey to support your case strategy, consider that the court may accept testimony presented by an opposing expert as fact unless you offer an alternative.
For example, in Classic Liquor Importers, LTD v. Spirits International B.V., No. 15 Civ. 6503 (JSR), Dist. Court, S.D. New York 2016, product quality was an issue in the case. However, the Court disregarded this factor, stating, “Without the aid of consumer survey evidence or expert testimony, the Court is unable to draw any conclusions as to the respective quality of the products.”
The defendant, Spirits International B.V., also pursued a Lanham Act counterclaim of false advertising. However, “it did not commission a consumer survey” and could not point to reliable evidence of consumer deception or confusion. The plaintiff’s motion for summary judgment on this counterclaim was granted.
It’s time to bolster your trademark litigation case with effective surveys from Keegan & Donato Consulting. We meet the courts’ standards for design, execution, and analysis, and will provide empirical evidence on the issue of whether an alleged infringement is having a real-world impact on consumers. Call us today at (914) 967-9421 to explore our wide range of services.