Consider trademark survey companies, such as Keegan & Donato Consulting, that have the expertise to guide litigators through intellectual property litigation, arbitration and administrative hearings, and assist them in developing strong case strategies.
Offering nearly three decades of combined experience, principals Mark Keegan and Tony Donato have extensive backgrounds in the design, execution, analysis and critique of consumer research studies. We perform analyses, help clients develop damages claims, critique opposition expert reports, assist with witness preparation, and provide expert witness testimony.
Mr. Keegan has crafted complex case strategies for his clients and served as a marketing strategist for top brands. He is an AMA-designated Professional Certified Marketer and a member of the Connecticut and New York Bar Associations.
Mr. Donato has a wide-ranging analytical background in marketing, intellectual property, and consumer behavior cases covering trademark, copyright, advertising, and business damages.
Our Specialties
Keegan & Donato Consulting specializes in a wide range of trademark and trade-dress analyses and surveys, such as:
- Likelihood of Confusion –We can measure likelihood of confusion through classic survey designs and by crafting innovative custom surveys to determine whether or not consumers believe that brands at issue emanate from the same source or are somehow related.
- Strength of Mark –If your case involves strength of mark, we can customize a survey that evaluates consumer familiarity with a brand and demonstrates the level of consumer recognition of a mark.
- Acquired Distinctiveness – A survey can help you prove that your client’s mark has achieved acquired distinctiveness and is unlikely to cause confusion about the origin of goods or services associated with it.
- Lanham Act Claims – A well-designed consumer research study can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.
- Dilution – A survey can help determine whether a famous mark has become identified with more than one type of product (dilution by blurring) or harmed by an association with a low quality or unsavory product (dilution by tarnishment).
- Consumer Perception Surveys – We can test consumer perception through consumer research to ascertain how consumers perceive and interpret specific claims made by a manufacturer on packaging and in other marketing communications.
Rebuttals & Critiques
A trademark survey may also help you refute the credibility of an opposing expert’s work. Keegan & Donato Consulting has extensive experience in critiquing and rebutting litigation surveys submitted by opposing experts on a wide range of issues. If you are faced with a research study that may have been poorly designed or executed, we can identify small and large methodological flaws and provide expert analysis for rebuttal.
Keegan & Donato Consulting can guide litigators through the process of developing and critiquing trademark surveys. We offer vast experience in the full spectrum of trademark infringement matters. Get in touch with us today at (914) 967-9421 to find out how we can help you get the results you need.