Hiring the right trademark survey expert for your IP litigation will help ensure that your survey evidence stands up to judicial scrutiny, particularly when the facts and issues of your case are not easily understood. From consulting services to expert witness testimony to the preparation of testifying witnesses and post-litigation support, Keegan & Donato Consulting is the best choice.

Keegan & Donato Consulting is a specialty research consultancy in Rye, New York, that designs and executes consumer-based surveys for attorneys and their clients in the context of intellectual property disputes.  Principals Mark Keegan and Tony Donato have 30+ years of cumulative experience in the field of consumer research.

Mr. Keegan and Mr. Donato have extensive testimony experience. As consulting experts, we can:

• provide you with technical and strategic advice;
• help you analyze the economic, financial, and technical complexities of your case;
• help you determine suitable deposition questions to ask;
• help you prepare a testifying expert for deposition and trial;
• objectively evaluate the work of other experts;
• critique potential weaknesses in an adversary’s survey evidence, and write a rebuttal report.

We have partnered with leading firms across the nation, including Blood Hurst & O’Reardon LLP (San Diego), Notaro, Michalos & Zaccaria PC (New Jersey), SmithAmundsen LLC (Chicago), and Ropes & Gray LLP (Washington, DC), on litigation surveys that have been accepted as evidence in matters involving a broad range of products and services.

Our firm designs, executes, analyzes, and presents the results of consumer surveys, including:

• Likelihood of Confusion
• Strength of Mark
• Secondary Meaning
• Acquired Distinctiveness
• Dilution
• Lanham Act Claims
• Consumer Perception
• Survey Critiques and Rebuttals

Hiring the Right Survey Expert

Experts play different roles in different cases, so you must consider your specific goals before starting a search.

When selecting the most appropriate expert for your case, there are several criteria to consider, but experience is crucial. The expert should have the right educational background, practical research experience, and experience in being deposed and testifying at trial.

Next, determine if your case calls for a specific methodological approach, such as a statistical analysis to assess damages or an assessment of a brand’s competition, or if you need an expert who is well-versed in a particular industry.

Interview each potential candidate to find out if they fully understand the issues in your case. Then, review each firm’s credentials. Ask about cases in which they have offered expert testimony to find out if any were like your case and whether any of their testimony was excluded. Find out how the firms that hired them feel about their work.

Final Thoughts

If you have questions about hiring the right trademark survey expert for your litigation, contact Keegan & Donato Consulting at (914) 967-9421 to take advantage of our vast expertise.