Whether you are interested in a rebuttal that could expose methodological flaws in an adversary’s study or want to conduct a new likelihood of confusion survey of your own, look no further than Keegan & Donato Consulting.
Keegan & Donato Consulting is a specialty research consultancy located in beautiful Rye, New York. We provide a wide-ranging suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and/or trial, and critique or rebuttal of opposing parties’ surveys when applicable.
Principals Mark Keegan and Tony Donato offer impeccable credentials and more than 25 years of combined experience in conducting consumer surveys in the context of intellectual property disputes.
Mr. Keegan’s background in complex litigation on behalf of clients involving marketing, economics, business, and financial issues, together with Mr. Donato’s background in research, survey design and execution, strategy, and data analysis, create a complementary blend of strategic and analytical skills.
We can quickly deliver intelligence within a wide range of budgets.
What We Do for Our Valued Clients
Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting, which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.
In addition to consumer surveys, the firm provides services in these and other areas:
- Full-service data gathering and reporting
- Marketing, damages and forensic economic analysis
- Collaboration on complex commercial litigation issues
- Pilot studies and exploratory research
- Critique of opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
Trademark owners who claim infringement and unfair competition under the Lanhan Act, 15 USC 1114(a)(1) are usually required to establish these two elements:
- that the defendant used the registered mark in commerce;
- that the use of the mark is likely to cause consumer confusion, or to cause mistake, or to deceive.
When marks are too similar, the allegedly infringing mark may confuse consumers into buying unwanted goods or services, dilute or damage a brand’s reputation, or allow competitors to benefit from another brand’s well-known reputation. The more similar the marks are, the more likely it is that confusion and infringement will occur.
A likelihood of confusion survey from Keegan & Donato Consulting is a valuable litigation tool because it addresses 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.
By asking relevant consumers to respond to certain stimuli and recording their answers, it is possible to measure their attitudes and behaviors, and understand how they perceive a contested mark.
It is this understanding of how consumers view the relationship between brands that forms the basis of a likelihood of confusion analysis.
Keegan & Donato Consulting offers a combination of strategic and analytical expertise that can answer your questions about likelihood of confusion surveys and survey rebuttal and help you develop a powerful trademark infringement case. Contact us at (914) 967-9421 to explore our affordable services.