Keegan & Donato Consulting is a leading firm in the field of trademark litigation surveys and consulting. We work with clients facing high stakes intellectual property litigation, arbitration, and administrative hearings to help them develop a strong litigation strategy.
With more than two decades of combined experience, principals Mark Keegan and Tony Donato have an extensive background in the design, execution, analysis and critique of consumer research studies. We perform analyses, help clients develop damages claims, critique opposition expert reports, assist with witness preparation, and provide expert witness testimony. We can deliver intelligence quickly and within a wide range of budgets.
Mr. Keegan is a member of the New York and Connecticut Bar Associations. He has crafted complex case strategies for his clients and served as a marketing strategist for top brands. Mr. Donato has a wide-ranging analytical background in marketing, intellectual property, and consumer behavior cases covering trademark, copyright, patent, advertising, and business damages.
Trademark & Trade-Dress Surveys
In conjunction with IP litigation, Keegan & Donato Consulting specializes in a wide range of trademark and trade-dress analyses and surveys, including:
- Likelihood of Confusion
- Strength of Mark
- Acquired Distinctiveness
- Secondary Meaning
- Lanham Act Claims
- Survey Critiques and Rebuttals
We have designed hundreds of studies across a wide range of industries. Our research is focused on collecting empirical data from relevant consumers through methodologically-sound, scientific, industry-accepted principles of survey research.
The real-world results we have collected have provided our clients a foundation for presenting fact-based evidence in support of their positions.
Hundreds of surveys designed and analyzed by our firm have been successfully admitted into evidence, and we have extensive testimony experience.
In many false advertising and consumer fraud cases, issues involving how consumers understand marketing communications, including messages on product packaging, advertising, and through other means, become central to resolving a stalemate.
In addition to determining how consumers understand contested marketing claims, our studies also examine related issues, including the extent to which those marketing claims influence consumer demand for a product, how marketing communications impact the likelihood of a purchase, and the relationship between marketing communications and the consumer’s willingness to pay a premium for a product.
We can help you evaluate the buying habits of a target market, test the marketplace for a new brand name, logo or concept, and a wide variety of other key marketing issues.
Rebuttals & Critiques
Keegan & Donato Consulting also has extensive experience in rebutting surveys submitted by opposing experts covering a wide range of issues. If you are confronted during litigation with a research study that may not have been designed or executed properly, Keegan & Donato Consulting can identify small and large methodological flaws and provide expert analysis for rebuttal.
We have worked with litigation teams from the best IP firms in the nation, including Giampolo Law Group (Philadelphia), Debevoise & Plimpton LLP (New York City), Ropes & Gray LLP (Washington, DC), Irell & Manella LLP (Los Angeles), and Stanley, Mandel & Iola, LLP (San Diego).
If you are seeking a reliable litigation consulting firm, contact Keegan & Donato Consulting at (914) 967-9421 to find out more about our successful track record and take advantage of our training, expertise, and data-gathering capabilities.