Establishing brand infringement can be complex, requiring evidence that another party has infringed on a company’s trademark rights. One effective method for gathering this evidence is using trademark perception surveys from Keegan & Donato Consulting.
Located in historic Rye, New York, we are a specialty research consultancy that designs and executes consumer-based surveys for attorneys and their clients nationwide in intellectual property disputes.
Surveys we have conducted have been admitted as evidence in federal and state courts, at arbitration, and to the TTAB (Trademark Trial and Appeal Board), the NAD, and other specialty venues in matters involving various products and services. We have also testified extensively at deposition and trial.
Why Choose Perception Surveys?
One key benefit of trademark perception surveys is that they provide an objective measure of consumer perception. They are typically conducted using a representative sample of consumers, who are asked questions about their familiarity with a particular trademark and their perceptions of it.
Consumer perception surveys can help demonstrate the following:
- The strength of the mark: A consumer perception survey can show that the trademark is well-known among the relevant consumer population and has acquired distinctiveness through use in the marketplace.
- The likelihood of confusion: A consumer perception survey can show that using the defendant’s mark will likely confuse consumers regarding the source or origin of the goods or services.
- Actual confusion: A consumer perception survey can show that consumers have been confused in the past by the similarity between the marks, which can be powerful evidence in proving trademark infringement.
The data gathered from these surveys can provide valuable insights into how consumers view the trademark, including whether they associate it with a specific company or product. This information can be used to establish the trademark’s strength and distinctiveness, which is essential in determining whether brand infringement has occurred.
A consumer perception survey can gauge consumer perception of products or services and be a key tool for brand owners who want to assess the buying habits of their target market, test the marketplace for a new brand name, logo, or idea, and address other marketing issues.
Case Study
A trademark perception survey played a critical role in the outcome of a trademark dispute in Anheuser-Busch, Inc. v. L & L Wings, Inc. In this case, Anheuser-Busch, the plaintiff and maker of Budweiser beer, sued the defendant, L & L Wings, owner of a restaurant chain called “Bud’s,” alleging that use of the name “Bud’s” was likely to cause confusion with the Budweiser mark.
To support its claim, Anheuser-Busch conducted a consumer perception survey that showed that a significant percentage of consumers were likely confused by the similarity between the marks. In the end, the court found in favor of Anheuser-Busch, citing the survey results as solid evidence of the likelihood of confusion.
Conclusion
Establishing brand infringement can be challenging, but trademark perception surveys are a valuable tool for gathering evidence and strengthening your case. When you face tough survey evidence in your IP litigation, the qualified experts at Keegan & Donato Consulting can help. Give us a call today to learn more.