Lanham Act surveys are often the evidentiary bedrock in trademark infringement litigation. The experts at Keegan & Donato Consulting will work within your budget to deliver the results you need to strengthen your case.

Keegan & Donato Consulting is a specialty research consultancy. With more than 25 combined years of experience conducting and critiquing consumer survey research, we have the ability to design studies that avoid the methodological pitfalls that so often afflict competing research studies.

What We Do for Our Valued Clients

• Design, execute and present results of:
  • trademark litigation surveys, including likelihood of confusion, secondary meaning, trade dress, strength of mark, genericness, fame, and others;
  • false and deceptive advertising, consumer perception, and other types of marketing surveys;
• Critique and rebuttal of trademark and marketing surveys;
• Damages and forensic economic analyses;
• Expert witness testimony on consumer survey, marketing and economic issues.

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, Girard Gibbs LLP in San Francisco, and attorneys across the nation, and will work within your budget to deliver the survey evidence you need.

We can also assist in your assessment of different case strategies, determine which deposition questions to ask, and help you prepare a testifying expert for deposition and trial. These services can have a significant impact on your client’s case.

Lanham Act Surveys

The Lanham Act, as codified in 15 U.S. Code §1125, is the statutory basis for most trademark claims, and the issues raised are particularly well-suited to testing through consumer research surveys.

Trademark owners who claim infringement and unfair competition are generally required to establish two elements: (1) that the defendant used the registered mark in commerce; and (2) that the use is likely to cause consumer confusion.

A likelihood of confusion survey conducted by Keegan & Donato Consulting will address the issue of consumer confusion from a scientific perspective, providing direct evidence of the extent to which consumers believe that certain brands emanate from the same source or are somehow related.

The firm has designed and critiqued hundreds of likelihood of confusion studies to ascertain whether consumers are confused by a party’s use of a contested mark. Our surveys have been successfully admitted into evidence in state and federal courts, at arbitration, to the TTAB, the NAD, and other specialty venues.  We also have extensive testimony experience.

Get in touch with the experts at Keegan & Donato Consulting at (914) 967-9421 to find out how surveys can help strengthen Lanham Act claims, and take advantage of our training, expertise and data-gathering capabilities. We work on a fixed rate or hourly basis depending on the needs of each client, and will help you design a reliable, methodologically sound consumer study.