A bad survey can look impressive on paper, but not when you break it down to examine its weaknesses. Litigation survey rebuttals that attorneys can rely on to turn technical faults into simple points the court cares about are extremely important.

It’s true, when the other side files a survey, you need a clear, practical response, and you need it fast. Rebuttals are everyday work for Keegan & Donato Consulting. The team prepares survey critiques and rebuttal reports for trademark disputes nationwide.

What a Strong Rebuttal Does

A good rebuttal is easy to read and hard to ignore. It translates technical flaws into plain English that everyone can understand. In addition, it ties each flaw to the legal issues in play. The goal is always to show what a sound design would have looked like.

At Keegan & Donato, we help the court see why the opponent’s results shouldn’t carry the day.

Where Opposing Surveys Often Go Wrong

Courts expect clean methods.

Many surveys stumble through even the basics:

• The wrong universe
• Poor screening
• Biased questions
• Missing or weak controls
• Stimuli that doesn’t reflect the real marketplace.

These errors can deflate the weight of a survey, leaving it worthless. At Keegan & Donato, we spotlight each problem and explain the impact on the conclusions.

Formats Matter

Trademark litigation cases often use standard formats like Eveready or Squirt/Lineup. If the format doesn’t match how buyers actually see the brands on a shelf, a product page, or an app, then results can be misleading.

In rebuttal, we test the fit. We’ll also call out misapplied formats and show how a better design would mirror real shopping conditions for more effective results.

How We Build a Persuasive Critique

Our rebuttals follow the evidence. We review the opposing expert’s universe, sampling plan, randomization, controls, stimuli, and questionnaire flow.

We carry out the following:

• Check for leading wording and demand neutral, marketplace-realistic questions.
• Organize our analysis into a clear report with citations to accepted practices, so the court can follow the logic step by step.

Keegan & Donato’s practice emphasizes rigorous methods and transparent documentation for litigation.

Support That Fits Your Case Strategy

A rebuttal is more than a memo. We help you prepare deposition questions, identify pressure points for Daubert or weight challenges, and, when needed, even testify about the flaws and their effects.

If the case calls for it, we can also design a counter-survey that corrects the errors and provides the court with reliable data.

Why Teams Choose Keegan & Donato

We’re independent survey consultants focused on IP litigation. Our work is built for the court, from the first methods review to declarations, reports, and testimony.

Along the way, we explain complex survey issues in straightforward language and tie every critique to the claims and defenses at issue. We don’t let questions go unanswered or skepticism take over. Our team gives attorneys the rebuttals they need in a clear and concise way that works for everyone involved.

To ensure success, we know that it takes a stringent blend of rigor and clarity to be what attorneys need when survey evidence is on the line.

Keegan & Donato provide litigation survey rebuttals attorneys can rely on. When you need a trademark survey, a marketing survey, or another type of consumer research survey to support your case, take advantage of the extraordinary expertise of Keegan & Donato. Reach out through our website or by phone at (914) 967-9421.