Trademark tarnishment arises when a well-known brand’s reputation is harmed due to another party’s unauthorized use of the brand’s name, logo, or other identifying elements. Surveys from Keegan & Donato Consulting can play a crucial role in litigation support for trademark tarnishment claims.
Brands invest substantial resources in building trust and loyalty with consumers. Trademark tarnishment is a major issue because it hampers a company’s efforts to maintain a positive brand image and protect its reputation. Tarnishment can confuse consumers, dilute the brand’s distinctiveness, and cause financial losses. The unauthorized use can take various forms, such as associating the brand with low-quality products, offensive content, or unethical practices.
Why Use Surveys in Trademark Tarnishment Claims?
To prove tarnishment, surveys can be conducted to gather evidence about consumer perceptions. These surveys aim to demonstrate that consumers are indeed confused or misled by the accused party’s actions and that the tarnishment is causing harm to the brand.
Surveys can be a powerful tool in trademark tarnishment claims, providing valuable evidence to support legal arguments. By conducting surveys with well-designed questions and a representative sample, businesses can demonstrate that their trademarks are being damaged by others.
Remember, however, that expert guidance is crucial in creating valid surveys and analyzing the collected data accurately.
Mark Keegan brings considerable experience to Keegan & Donato Consulting, having spent over a decade developing case strategies in complex litigation. As a founding partner, he has covered everything from international business and marketing to consumer research for Lanham Act claims. Mr. Keegan is licensed to practice law in New York and Connecticut and is an AMA-designated Professional Certified Marketer.
Tony Donato has consulted on complex litigation matters since 2004 and offers a background in intellectual property, marketing, and consumer behavior cases covering trademark, copyright, advertising, consumer surveys, business damages, and business marketing ethics. He received a Master of Public Policy from Georgetown University and has a strong analytical background.
Our trademark surveys have been accepted as evidence in matters involving a broad range of products and services and have been presented in federal and state courts, before arbitration panels, the Trademark Trial and Appeal Board (TTAB), the NAD, and other specialty venues.
We are members of INTA (International Trademark Association), the AMA (American Marketing Association (AMA), the ACR (Association for Consumer Research), the AAPOR (American Association for Public Opinion Research), and ESOMAR, a membership organization for market, social, and opinion researchers. The firm is also Qualtrics certified.
Trademark tarnishment is a serious concern for businesses seeking to protect their brands and maintain a positive reputation. With litigation support, you can take action to defend your brand’s integrity and seek appropriate remedies. By enlisting the help of professionals, you can effectively navigate the legal process and protect your brand’s reputation in the marketplace.
When you need litigation support for your trademark tarnishment claims, Keegan & Donato Consulting can design and execute a survey that will withstand the rigors of your litigation. Contact us at (914) 967-9421 to explore our approach and our affordable services.