Trademark infringement cases can be complex, requiring careful evaluation and analysis to determine the extent of the infringement. At Keegan & Donato Consulting, we understand the power of surveys in evaluating trademark infringement and how they can provide valuable insights for legal professionals and brand owners.
Evaluating trademark infringement is crucial for brand owners to protect their intellectual property rights and maintain the integrity of their trademarks. It allows them to identify potential infringers and take appropriate legal action to stop the unauthorized use of their marks. In addition, evaluating trademark infringement can help brand owners assess the financial damages caused by the infringement and seek compensation for the harm done to their brand.
Offering more than three decades of combined experience, principals Mark Keegan and Tony Donato have extensive backgrounds in the design, execution, analysis, presentation, and critique of consumer research studies. We perform analyses, help clients develop damages claims, critique opposition expert reports, assist with witness preparation, and provide expert witness testimony.
The Role of Surveys in Trademark Infringement Cases
Surveys play a significant role in trademark infringement cases as they provide empirical evidence to support or refute claims of confusion among consumers. These surveys are designed to assess whether consumers are likely to be confused between the original mark and the potentially infringing mark. By collecting data from a representative sample of consumers, surveys can provide valuable insights into consumer perceptions and behaviors related to the trademarks in question.
Types of Surveys Used in Trademark Infringement Evaluations
Various types of surveys are used in trademark infringement evaluations, depending on the case’s specific needs.
- Likelihood of Confusion: One of the core purposes of a trademark is preventing consumer confusion. In a marketplace where an ever-increasing number of brands vie for a slice of consumer attention, it’s nearly impossible to eliminate all confusion. Even so, a meticulously conducted standard or customized survey provided by Keegan & Donato Consulting can be a valuable tool for evaluating the extent of consumer confusion.
- Secondary Meaning: Generally, descriptive marks can only achieve trademark protection if they’ve developed a secondary meaning. Our consumer research surveys are crafted to engage the target audience in your client’s market. They aid in gauging the degree to which consumers link a disputed mark with one or more sources.
- Strength of Mark: The legal safeguards accessible to a trademark holder are influenced by the “strength” of the mark. Generally, terms categorized as fanciful, arbitrary, or suggestive are inherently distinctive, garnering diverse trademark protections. On the other hand, descriptive marks face challenges in obtaining trademark protection since they lack the distinctiveness for consumers to readily associate them with a specific source.
- Dilution: Trademark dilution refers to the diminishing of the distinctive quality or uniqueness of a famous trademark due to unauthorized use by others, whether tarnishing the mark’s reputation for quality or diluting its strength by blurring its distinctiveness. This can reduce the uniqueness and strength of the original trademark, potentially causing consumer confusion and diminishing the exclusivity associated with the brand.
Hiring Professional Survey Experts
Given the complexity and significance of trademark infringement cases, hiring professional survey experts like Keegan & Donato Consulting to conduct and analyze surveys is critical. Our team has the skills and expertise to design unbiased survey questions, select appropriate sampling methods, and analyze the data accurately. We can provide valuable insights and expert opinions to strengthen your case and increase the chances of a successful outcome.
Surveys are powerful tools for evaluating trademark infringement. They provide objective and empirical evidence that can support legal claims and help brand owners protect their trademarks. If you need assistance in evaluating trademark infringement or conducting surveys, contact Keegan & Donato Consulting today to explore our services.