If you are considering the use of surveys in your intellectual property litigation, consumer research studies and expert testimony from Keegan & Donato Consulting can provide you with powerful evidence to support your case.
About Keegan & Donato Consulting
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced companies in the field of trademark litigation.
Mark Keegan and Tony Donato offer more than 25 years of experience and a combination of strategic and analytical skills.
Mr. Keegan is licensed to practice law in New York and Connecticut and is an AMA-designated Professional Certified Marketer. He has spent decades formulating case strategies in complex litigation matters and has consulted on a wide range of issues, from marketing and international business to consumer research for Lanham Act claims.
Mr. Donato received a Master of Public Policy from Georgetown University and has served as a consultant in complex litigation matters since 2004. He has a strong analytical background in marketing, intellectual property, and consumer behavior cases covering consumer surveys, trademark, copyright, best efforts, advertising, business damages, and business marketing ethics.
Our firm designs, executes, analyzes, and presents the results of consumer surveys, including:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Acquired Distinctiveness
- Lanham Act Claims
- Consumer Perception
- Survey Critiques and Rebuttals
Our nationwide services include these and other areas:
- State-of-the-art survey design and execution
- Full-service data gathering and reporting capabilities
- Damages analysis and forensic economic analysis
- Collaboration on complex commercial litigation issues
- Pilot studies and exploratory research
- Critique and rebuttal of opposing experts’ studies and reports
- Advice on questioning of opposing experts in deposition and at trial
- Expert witness testimony on consumer survey, marketing & economic issues
Why Hire an Expert
Rule 702 of the Federal Rules of Evidence requires experts to have scientific, technical, or other specialized knowledge that will help the court understand the evidence. The expert’s testimony must be based on sufficient facts or data obtained by reliable principles and methods that have been properly applied to the facts of the case.
After collecting pertinent data, experts can interpret the facts and testify about them to a judge or jury. They can address unique questions or facts that are central to the issues in your case and help you quantify damages.
As consulting experts, Keegan & Donato Consulting can provide you with technical and strategic advice; help you analyze the economic, financial and/or technical complexities of your case; help you determine suitable deposition questions to ask; help you prepare a testifying expert for deposition and trial; or critique the potential weaknesses in an adversary’s survey evidence in a rebuttal report.
We have partnered with leading firms across the nation, including Ropes & Gray LLP (Washington, DC), Notaro, Michalos & Zaccaria PC (New Jersey), Blood Hurst & O’Reardon LLP (San Diego), and SmithAmundsen LLC (Chicago), on litigation surveys that have been accepted as evidence in matters involving a broad range of products and services.
Litigation surveys conducted by Keegan & Donato Consulting can help you develop a powerful case strategy. Get in touch with us today at (914) 967-9421 to find out more about our services.