Expert survey research plays a crucial role in trademark litigation cases. Trademark infringement is a serious offense with significant financial implications for businesses. When trademark owners believe their mark has been infringed upon, they often turn to experts like Keegan & Donato Consulting to gather evidence to support their claims.
Our research involves conducting consumer surveys to determine if there is a likelihood of confusion between the accused mark and the established trademark. The results of our surveys can provide valuable insights into consumer perception and help determine whether infringement has occurred.
About Us
Offering more than thirty years of combined expertise, Mark Keegan and Tony Donato have extensive backgrounds in the design, execution, analysis, presentation, and critique of consumer research studies. We also help clients develop damages claims, critique opposition expert reports, assist with witness preparation, and provide expert witness testimony.
Why Survey Research is Important
One of the key reasons why expert survey research is essential in trademark litigation is its ability to establish consumer perception. In cases where the accused mark is similar to the established trademark, it is necessary to demonstrate that consumers are likely to be confused between the two. Expert survey research can help gather data on consumer perception by asking them questions related to their understanding of the marks, their association with specific products or services, and their likelihood of confusion. By analyzing the survey responses, experts can provide valuable insights into whether consumers are likely to be confused, strengthening the trademark owner’s case.
Expert survey research can also aid in determining the strength and distinctiveness of a trademark. Trademarks considered strong and distinctive are more likely to be protected under trademark law. Surveys can be conducted to assess consumer recognition and association with the mark and its distinctiveness compared to other similar marks in the marketplace. This information can be crucial in establishing the strength of the trademark and its protection against potential infringement.
In addition to establishing consumer perception and determining the strength of a trademark, expert survey research can also help assess damages. In trademark litigation cases, the trademark owner may seek damages for any financial losses incurred due to infringement. We can conduct surveys to determine the impact of the infringing mark on consumer purchasing decisions and market share. By quantifying the potential financial harm caused by infringement, we can assist in determining the appropriate amount of damages to be awarded.
Expert survey research can significantly contribute to the success of trademark litigation cases by using scientific methodologies and rigorous data analysis techniques. Trademark owners should consider engaging experts in this field to ensure they have the evidence to support their claims and effectively protect their intellectual property rights.
Conclusion
Expert survey research is a powerful tool in trademark litigation. It provides objective and empirical evidence that can support legal claims and help brand owners protect their trademarks. If you need assistance evaluating trademark infringement or conducting surveys, contact Keegan & Donato Consulting today to explore our services.