Trademarks are unique symbols or words that represent a brand. Dilution occurs when a famous trademark’s distinctiveness is diminished by the unauthorized use of similar marks. If you are pursuing dilution claims to protect the reputation of your brand, learn more about the value of litigation support from the qualified experts at Keegan & Donato Consulting.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced firms in the field of trademark litigation. We have designed and critiqued hundreds of consumer research studies across various industries for cases in federal court, state court, the TTAB, the NAD, arbitration hearings, and other specialty venues.
Selecting the correct type of survey for a case requires skill and experience. Since each case is unique, Keegan & Donato Consulting approaches survey design on a case-by-case basis. We work side by side with clients to understand the fundamental issues driving their cases and work to maximize the value of the research evidence to the overall case strategy.
Why Expert Advice is Important
Litigation support can be important for various reasons, such as making the most of fact discovery, framing discovery requests, and identifying issues to investigate in depositions.
Many surveys suffer from methodological shortcomings. When this occurs, the court may afford them little or no weight as evidence. To avoid this serious pitfall and ensure that the survey can withstand the rigors of litigation, it is crucial to hire qualified survey experts.
Consider Malletier v. Dooney & Bourke, Inc., 525 F.Supp.2d 558, 569-70 – Dist. Court S.D. New York (2007), for example, in which the court excluded the evidence and testimony of all three of the plaintiff’s likelihood of confusion and dilution survey experts and two of the defendant’s three experts on the basis that their surveys were unreliable, plagued by significant methodological flaws, and that “any probative value was substantially outweighed by the danger of unfair prejudice and misleading the jury.”
Proof of Dilution
Surveys can provide valuable evidence of trademark dilution because they can show how the public perceives a trademark and whether its distinctiveness has been weakened by unauthorized use. If the survey shows that consumers are likely to be confused between the trademark and the allegedly infringing mark, this can be used as evidence of trademark dilution.
Expertise and Analysis
Keegan & Donato Consulting possesses specialized knowledge and experience in trademark law. We can conduct comprehensive research and analysis to identify the strength of your case. Our expertise can help determine the best course of action and provide guidance throughout the litigation process.
Evidence Collection and Preservation
Gathering evidence is vital in proving trademark dilution. We can assist in collecting and preserving relevant evidence, such as examples of unauthorized use and the impact on the trademark’s reputation, making it easier for your legal team to present a strong case in court.
Trademark dilution claims protect the uniqueness and reputation of famous trademarks. Litigation support plays a vital role in assisting trademark owners in building strong cases. Keegan & Donato Consulting, will work within your budget to deliver the assistance you need.
If you find yourself facing trademark dilution, Keegan & Donato Consulting can provide the consumer surveys you need to prove your case. Get in touch with us today at (914) 967-9421 to learn more about our wide range of affordable services.