Litigation Surveys & Rebuttals

Keegan & Donato Consulting provides methodologically sound litigation surveys as well as meticulous analytical skills that can assist you with the rebuttal of an adversary’s survey evidence.

Principals Mark Keegan and Tony Donato work closely with clients across the nation to understand the key issues driving a case, and work to maximize the value of consumer survey evidence to the overall case strategy.

The firm has extensive experience conducting surveys to test a wide variety of Lanham Act claims, including likelihood of confusion, dilution, false designation of origin, trade dress infringement, and a wide range of other issues.

We employ both classic survey designs and develop innovative custom survey designs to suit our clients’ needs. Our industry-leading online survey software platform facilitates the programming and execution of advanced survey designs, including complex skip logic and advanced rotation and randomization of questions, answer options, and stimuli.

Experience

Mr. Keegan’s background in formulating case strategies in complex litigation on behalf of his clients and as a marketing strategist working with top brands, along with Mr. Donato’s experience in research, strategy, survey design and execution, data analysis, and case management, offer a combination of skills that can help attorneys and their clients get the trademark survey results they need.

The firm has been engaged by leading IP litigators across the nation, such as Notaro, Michalos & Zaccaria PC in New Jersey, Morgan, Lewis & Bockius LLP in Boston, Giampolo Law Group in Philadelphia, and Day Pitney LLP in New York City, to help them navigate the cases their clients face.

Survey Rebuttal and Critique

In complex litigation matters, it can be extremely important to have a knowledgeable, experienced and well-trained expert or consultant on your side.

Trademark surveys are complex and prone to researcher errors that can affect the validity of the data collected. As experts in consumer research studies, Keegan & Donato Consulting has reviewed and rebutted hundreds of consumer surveys conducted in conjunction with litigation.

With an unparalleled knowledge of the science and methodology behind consumer surveys, we have the ability to identify flaws and weaknesses in a study that may not be apparent to an untrained eye, but may help you refute the credibility of an opposing expert’s work.

Issues surrounding sample selection, bias, or suggestive wording may cause a judge to discount all or part of a survey, or to reject a survey expert altogether. For example, in Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), the plaintiff’s surveys were determined to be inadmissible because they were deemed unscientific and poorly constructed. The court also rejected the survey expert as unqualified “to design a survey or to interpret survey results” [see 45 F.Supp.3d 1167-1170].

For assistance with litigation surveys or rebuttals, contact Keegan & Donato Consulting. We have designed, executed, critiqued and rebutted hundreds of surveys that have been admitted into evidence in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues. Call us at (914) 967-9421 to learn how we can assist you.

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