Is A trademark survey appropriate for your case? When you face tough survey evidence in your IP litigation, the qualified experts at Keegan & Donato Consulting can help.
Keegan & Donato Consulting, located in historic Rye, New York, is a specialty research consultancy that designs and executes consumer-based surveys for attorneys nationwide and their clients in the context of intellectual property disputes.
Could a Survey Help Your Case?
Courts require accurate, real-world data. Good survey evidence can be compelling, but don’t expect your trademark survey to be accepted without challenge. Poor designs and methodological flaws often result in the partial or total exclusion of survey evidence from a case.
For example, in Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. PA. May 10, 2016), plaintiff Parks claimed that the defendant’s “Park’s Finest” sausages and hot dogs infringed on its “Ball Park Franks” brand.
The Court criticized the methodological flaws in Parks’ consumer survey. It “was not probative of secondary meaning” and “was not directed at the appropriate universe of consumers.” On the other hand, Tyson Foods introduced a consumer survey that showed little evidence of consumer confusion between its Park’s Finest sausages and Parks brand sausages. Tyson Foods prevailed.
Why Expert Advice is Valuable
Expert advice can be critical for various reasons, such as making the most of fact discovery, framing discovery requests, and identifying issues to investigate in depositions.
Mainly through survey evidence, an expert can help establish whether or not competing marks are likely to confuse consumers; whether or not a descriptive mark has acquired secondary meaning; whether or not a mark is famous; and whether one brand’s mark is likely to cause dilution to a competing mark.
Selecting the correct type of survey for a case requires skill and experience. Since each case is unique, Keegan & Donato Consulting approaches survey design on a case-by-case basis. We work side by side with clients to understand and appreciate the fundamental issues driving their cases and work to maximize the value of the research evidence to the overall case strategy.
Our Survey Capabilities
Keegan & Donato Consulting designs, executes, analyzes, and presents the results of I.P. litigation surveys, including, but not limited to:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Acquired Distinctiveness
- Lanham Act Claims
- Consumer Perception
- Rebuttal Work
Our team focuses on collecting empirical data from relevant consumers through methodologically sound, scientific, industry-accepted principles of survey research.
If you are involved in trademark litigation, explore whether or not a trademark survey would be appropriate for your case. Keegan & Donato Consulting will work within your budget to deliver the assistance you need. Contact us today at (914) 967-9421 to learn more about our approach and affordable services.