When you need experts with incomparable skills in consumer research studies, Keegan & Donato Consulting can help. Our experts are available to help maximize the value of trademark survey evidence to your overall case strategy.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced companies in the field of trademark litigation. Principals Mark Keegan and Tony Donato offer a combined 25-plus years of industry experience and provide expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants in support of trademark infringement litigation. We have also collaborated extensively on cases involving business, marketing, and financial issues.
We provide a complete suite of services, including:
- State-of-the-art survey design, implementation, and presentation
- Expert analysis and report preparation
- Expert witness testimony on consumer survey, marketing and economic issues
- Critique and rebuttal of reportsfrom opposing experts
- Damages and forensic economic analyses
- Advice on deposition and trial questioning of opposing experts
We have been engaged by leading IP litigators such as Betancourt, Van Hemmen, Greco & Kenyon LLC in New Jersey, Duane Morris LLP in New York, Giampolo Law Group in Philadelphia, Girard Gibbs LLP in San Francisco, and attorneys across the nation, and will work within your budget to deliver the survey evidence you need.
Issues Trademark Surveys Can Measure
Surveys can be very useful in attempting to measure a number of issues related to intellectual property matters and provide evidence of infringement.
A common issue addressed by consumer survey research is likelihood of confusion. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe there is a relationship between the plaintiff’s and the defendant’s mark, brand, or product.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, can be measured by means of a consumer research study, and may provide a strong indication that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
Acquired distinctiveness can be measured with consumer survey research. When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and widespread commercial use.
Lanham Act Claims – Lanham Act issues are particularly well-suited to testing through consumer research. Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.
To strengthen your intellectual property cases, consider trademark survey experts like Keegan & Donato Consulting. Our team is available to quickly deliver the intelligence you need within a wide range of budgets. Get in touch with us today at (914) 967-9421.