When trademark claims hinge on consumer perception, the answer to, “How do attorneys choose the right survey consultant?” starts with one BIG rule: pick a partner who can turn your legal theory into reliable, courtroom-ready evidence. And this part is also important, find one who customizes the survey to mirror how your buyers actually shop.

Start With Courtroom Credibility

Let’s take a look at courtroom credibility. You’ll want to ask a simple question first, “Has the firm’s work held up where it counts?”

Look for surveys admitted in federal and state courts, before the TTAB, and in arbitration. Equally important is clear, plain-English testimony. Be aware of the fact that judges don’t reward jargon. Instead, they reward methods that are explained cleanly and tied to the record.

You want a consultant who has written declarations, defended reports, and handled cross-examination.

Method First, Always

Good surveys share the same backbone. They define the right buyer universe. They use representative samples. They randomize exposure. They include balanced controls. They ask neutral questions that reflect real-world shopping, such as on a shelf, a product page, or an app.

Every design choice should map directly to the legal issue at stake:

• Likelihood of confusion
• Secondary meaning
• Dilution
• Trade dress
• False advertising.

That discipline is what makes results persuasive and admissible.

Demand a Custom Fit: Not One-Size-Fits-All

Accepted likelihood of confusion formats include Eveready, which is for well-known marks, and Squirt/lineup when buyers see brands side-by-side. Both are helpful starting points. However, they are only that: starts.

Real shoppers follow real paths. They scroll, compare, and rely on cues like thumbnails, filters, and mobile layouts. A strong consultant customizes stimuli, screening, and questions to your specific marketplace.

A couple of examples include:

• If the senior mark is less well known, the design must account for that.
• If purchases happen on mobile PDPs, the survey should replicate that context.

Customized surveys are a key way Keegan & Donato stands apart.

Make Sure the Reporting is Usable

Surveys help only if the court can follow them.

Insist on transparent materials:

• Who was surveyed and why
• Screening criteria
• The full questionnaire
• All stimuli
• Field controls
• Exclusion rules (e.g., speeders or straight-liners)
• Clear computations of net results

The report should connect each method choice to your claims and defenses. That clarity speeds decisions and strengthens your position at every stage from TROs through summary judgment and trial.

Look for Full-Spectrum Litigation Support

The right consultant helps before and after fielding.

Up front, they pressure-test your theory, propose formats, and refine stimuli.

After fieldwork, they analyze results, write declarations and expert reports, and prepare to testify.

They can also critique an opposing survey: challenge an improper universe, weak controls, biased wording, or unrealistic stimuli, and explain how those flaws affect weight or admissibility

Wondering why Keegan & Donato stands apart from other consultants? Keegan & Donato does both sides of the work: building strong surveys and delivering pointed rebuttals.

Weigh Speed, Practicality, and Collaboration

Litigation moves quickly. Your partner must hit deadlines without cutting corners, adapt the scope to your budget, and keep communication crisp. When speed matters, you’ll want to look for a team that shares drafts, flags risks early, and stays aligned with case milestones. You’ll want a consultant who works like part of the trial team. They must be available, transparent, and practical, which makes your job easier and your evidence stronger.

Don’t Forget Independence and Ethics

Courts look for neutrality. Choose a firm that documents decisions, preserves data, and keeps a clean chain of custody. Independence is not window dressing; it’s part of reliability. Without a doubt, an expert who calls balls and strikes earns credibility with the court, even under tough questioning.

How do attorneys choose the right survey consultant? They prioritize courtroom credibility, defendable methods, and customized designs that match the marketplace facts. Put credible consumer research behind your arguments. Connect with Keegan & Donato Consulting today by contacting us online or calling (914) 967-9421.