Hiring qualified research experts, such as Keegan & Donato Consulting, will have a significant impact on whether the court deems the likelihood of confusion survey results in your infringement litigation admissible.
The principals of Keegan & Donato Consulting – Mark Keegan and Tony Donato – have extensive strategic and analytical skills and 25+ years of combined experience in designing, executing, and critiquing consumer research studies in the context of litigation.
As a specialty research consultancy, we are members of the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), the Association for Consumer Research (ACR), and ESOMAR, the leading global association for market, social and opinion researchers. We also offer other skills and tools that can help you strengthen your case.
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 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.
When you need a likelihood of confusion infringement consulting or research or are interested in a study to resolve another trademark law standard, such as strength of mark or secondary meaning, get in touch with the experts at Keegan & Donato Consulting at (914) 967-9421 to learn how we can help.