The use of surveys in IP disputes can be a game-changer. Surveys provide crucial insights and data that can be effective at impacting the outcome of a case. They offer a unique opportunity to gather empirical evidence and support legal arguments, making them an invaluable tool in IP disputes. Keegan & Donato Consulting can help.
We are a specialty research consultancy and among the most experienced companies in trademark litigation. In support of IP litigation, we offer a full suite of services, including consultation on litigation strategy for plaintiff and defendant clients nationwide, consumer research studies, expert reports, testimony at deposition and trial, and rebuttal of opposing parties’ surveys when applicable.
FAQs about Trademark Surveys
Q: What makes surveys so effective in IP disputes?
The ability of surveys to capture the opinions and preferences of consumers makes them very effective. Surveys provide a clear picture of consumer perceptions and behaviors by collecting data from a representative sample of the target market. They can also gather data about market trends and the competitive landscape. The information can be used to demonstrate the likelihood of confusion between two brands, establish the distinctiveness of a trademark, gain valuable insights regarding market practices, industry norms, and potential damages, or assess the potential harm an infringing product has caused. This can be persuasive evidence in court.
Q: Are surveys always necessary in trademark cases?
While not mandatory, surveys considerably strengthen the evidentiary support for a case. You may decide to continue to litigation without survey evidence for strategic reasons. Maybe the client can’t afford to invest in a survey. Maybe the pilot survey you conducted failed to produce adequate results. However, there can be consequences for proceeding to litigation in an intelectual property dispute without survey evidence.
Q: Who conducts trademark surveys, and how are they conducted?
Surveys are typically carried out by market research firms or experts that specialize in consumer behavior. They involve carefully crafted methodologies, sample selection, and data analysis to ensure accuracy and reliability. Keegan & Donato Consulting considers methodological design among the most critical aspects of designing a survey. We have delivered hundreds of studies across industries that range from designer apparel to high-end audio products and everything in between. Whether it’s proving confusion between two brands or establishing the value of intellectual property, surveys are essential for anyone involved in an IP dispute.
IP disputes can be complex. The effective use of consumer surveys adds a layer of concrete evidence that can help you build a robust case and tip the scales in your favor. As you consider experts to assist you, consider Keegan & Donato Consulting. We will meet the courts’ standards for design, execution, and analysis. Reach out to us today at (914) 967-9421 to explore our wide range of services.