Whether you are interested in likelihood of confusion surveys to support your trademark litigation, marketing research surveys, or other types of consumer studies, take advantage of the extraordinary expertise of Keegan & Donato Consulting.

Keegan & Donato Consulting, a specialty research consultancy, is located in Rye, New York. Principals Mark Keegan and Tony Donato offer more than 25 years of combined experience and education in consumer-based survey research and data analysis in the context of intellectual property disputes, and follow a solid methodological foundation in survey design, execution and presentation.

What is Confusion?

When too similar, marks may confuse consumers into buying unwanted good or services, may dilute or damage a brand’s reputation, or may allow competitors to benefit from the established reputation of another brand. The more similarity between two marks, the more likely confusion may occur, and the more likely infringement is possible.

There are a variety of issues to consider when analyzing whether a consumer could be confused into purchasing one item, believing he was purchasing a different item.  There are also different types of confusion. They include:

• Actual confusion: In the case of counterfeit goods, even experts may be unable to distinguish between a genuine product and its imitation. But it’s also possible for products with similar names or packaging to be confusingly similar. For example, a cleaning product called “Pine-Soll” in the supermarket would likely cause a consumer to confuse it with the national brand, Pine-Sol®.
• Confusion over the source: Consumers may know that two products are not the same. However, they may mistakenly believe that the products come from the same source. For example, it’s possible that a consumer who is familiar with the Microsoft computer giant may assume that they put out a product called “Micro Software.”
• Confusion over types of goods: It may be clear that two products are not put out by the same company. However, a consumer may believe that one product is authorized, sponsored or approved by the original company. For example, a baseball cap with a L.A. Dodgers™ logo is clearly not a baseball team. But it would not be unreasonable for a consumer to assume that the baseball team sponsored or authorized the cap.

How a Survey Can Help

Keegan & Donato Consulting has conducted and critiqued hundreds of likelihood of confusion studies across industries ranging from designer apparel to high-end audio products and everything in between.

Our surveys address the issue of consumer confusion from a scientific perspective, providing empirical data regarding the extent to which consumers believe that certain brands at issue emanate from the same source or are somehow related. It is this understanding of how consumers view the relationship between brands that forms the basis of a likelihood of confusion analysis.

If you are seeking highly qualified consumer survey experts in likelihood of confusion surveys to help you develop a powerful strategy for your trademark litigation, consider Keegan & Donato Consulting. Contact us at (914) 967-9421 to learn more about our wide range of services.