Keegan & Donato Consulting is a nationwide IP research and analytical consulting firm located in beautiful Rye, New York. When you want to be equipped with empirical data from relevant consumers in your trademark litigation, we can help.
We offer extraordinary expertise in the field of consumer research studies and our work has been admitted into evidence in state and federal courts, at arbitration, the NAD, and to the TTAB. Principals Mark Keegan and Anthony Donato also have extensive testimony experience.
Mark Keegan brings extensive experience to the firm, having spent more than a 15 years formulating case strategies in complex litigation. As a founding partner, Mr. Keegan has consulted on many different litigation issues ranging from marketing and international business to consumer research for Lanham Act claims. He is licensed to practice law in New York and Connecticut and is an AMA-designated Professional Certified Marketer.
Tony Donato has served as a consultant in complex litigation matters since 2004 and has a background in marketing, intellectual property, and consumer behavior cases covering trademark, copyright, patent, best efforts, advertising, consumer surveys, business damages, and business marketing ethics. Mr. Donato received a Master of Public Policy from Georgetown University and has a strong analytical background.
Keegan & Donato Consulting designs, executes and critiques consumer research studies that will withstand the rigors of litigation. We also provide expert witness testimony on consumer survey, marketing and economic issues.
We have helped intellectual property firms across the country develop effective case strategies, including Giampolo Law Group in Philadelphia, Girardi & Keese in Los Angeles, Riemer & Braunstein LLP in Boston, Wiley Rein LLP in Washington, DC, and many others from coast to coast.
Keegan & Donato Consulting specializes in a wide range of trademark and trade dress surveys and analyses, including:
- Likelihood of Confusion – Surveys are commonly used to assess whether or not consumers are confused by a party’s use of a contested mark. We measure likelihood of confusion with both standard survey designs and innovative custom surveys.
- Strength of Mark – Distinctive marks are protected, and the levels of legal protection are directly linked to the strength of the mark. Consumer research studies can be used to measure the level of consumer recognition of a mark or brand.
- Secondary Meaning – We can help to bolster your case strategy by targeting relevant consumers in your client’s market and evaluating how they perceive your client’s brand.
- Acquired Distinctiveness – Consumer surveys can help determine whether consumers associate a mark with a certain product and whether the mark is distinctive enough not to cause confusion about the origin of goods or services associated with it.
- Lanham Act Claims – A well-designed consumer research study can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world effect on consumers.
- Consumer Perception – We have designed and executed many studies to determine how consumers in a particular market perceive a marketing claim and the extent to which those consumer perceptions align with the realities of the product being marketed.
Keegan & Donato Consulting is a highly qualified IP research firm that can help you develop a powerful litigation strategy. Contact us today at (914) 967-9421 to learn more about our services.