When your case turns on what consumers actually think, litigation support from expert survey consultants can make the difference between persuasive evidence and a pleading that falls flat.

Keegan & Donato Consulting builds surveys for litigation. They stand behind their work with clear reports, declarations, and testimony that courts can follow.

What You Get With a Litigation-Focused Survey Team

Wondering what you get with a litigation-focused survey team? You gain courtroom credibility. Our firm has designed, executed, and critiqued hundreds of surveys admitted in federal and state courts, in arbitration, before the TTAB, and at other venues.

That experience shows in our proven methodologies that render results. Our team uses plain-English explanations and testimony that connects the dots for judges and juries.

We focus on litigation-grade methodology.

Our team starts by:

• Defining the right universe
• Using representative samples
• Randomizing exposure
• Employing appropriate controls
• Asking neutral questions that mirror real shopping scenarios—on a shelf, a webpage, or an app.

Each decision ties back to the legal issue in dispute, so results are clear, relevant, and reliable.

Surveys That Answer Pressing Questions

Trademark disputes hinge on consumer perception. We run studies that map directly to the questions courts ask under the Lanham Act:

• Likelihood of confusion
• Secondary meaning / acquired distinctiveness
• Dilution
• Trade dress
• Strength of mark
• Sales advertising.

Matching the design to the claim is the core of our approach.

Likelihood of Confusion

With the likelihood of confusion, we measure whether relevant consumers think two brands come from the same source or affiliated sources, using accepted formats (like Eveready or Squirt lineup designs) or custom approaches when the marketplace calls for it. Our team focuses on a clear, reliable net confusion figure based on how people actually shop.

Secondary Meaning and Acquired Distinctiveness

When a term or feature has become a source identifier, you need proof. Our secondary-meaning studies test whether buyers connect your mark or trade dress to a single company.

Dilution and Trade Dress

For famous marks, we assess blurring or tarnishment even when no confusion is present. For trade dress, we test the overall look and feel as consumers experience it by considering things like packaging, product design, site pages, and more.

Beyond Fielding: Full-Spectrum Litigation Support

Great surveys don’t stand alone. Instead, they must be explained and defended. We deliver declarations and expert reports, consult on case strategy, and testify when needed.

In addition, our team also critiques opposing surveys and prepares rebuttal reports.

Why Attorneys Choose Keegan & Donato

• Track record: Surveys admitted across forums; extensive testimony experience.
• Method discipline: Representative panels, advanced rotation and randomization, and marketplace-realistic stimuli.
• Issue coverage: Likelihood of confusion, secondary meaning, dilution, trade dress, and false advertising, consumer perception, plus rebuttals.
• National reach: We support IP teams across the country on matters large and small.

Getting Started

If you already have a theory of the case, we’ll translate it into testable questions and a survey plan. If you’re still evaluating options, our team will help you choose the right format and control, define the buyer universe, and select stimuli that reflect how consumers actually encounter the marks. Whichever option you choose, the output is litigation-ready.

Litigation support from expert survey consultants is about giving courts clear, empirical answers to the questions that are important to your case. Turn evidence into impact to support the theory of your case. Call Keegan & Donato Consulting at (914) 967-9421 or connect with us online today.