If you are a trademark attorney who needs litigation support for an infringement case in Los Angeles, CA, take advantage of the extraordinary expertise of Keegan & Donato Consulting.
Principals Mark Keegan and Tony Donato offer more than 25 years of combined experience and education in consumer-based survey research and data analysis in the context of intellectual property disputes, and follow a solid methodological foundation in survey design, execution and presentation.
Our 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
- Pilot studies and exploratory research
- Collaboration on complex commercial litigation issues
- Advice on questioning of opposing experts in deposition and at trial
- Expert witness testimony on consumer survey, marketing & economic issues
- Critique and rebuttal of opposing experts’ studies and reports
We have developed surveys for and collaborated with firms that manage some of the largest trademark portfolios in the world, such as Morgan, Lewis & Bockius LLP in Boston, Fox Rothschild LLP in New Jersey and Philadelphia, and Arnold & Porter LLP in San Francisco.
The Value of Survey Evidence
Surveys can be used to test a wide variety of Lanham Act claims. An expert can help establish whether or not competing marks are likely to confuse consumers; whether or not a descriptive mark has acquired secondary meaning; whether or not a mark is famous; and whether or not one brand’s mark is likely to cause dilution to a competing mark. In many instances, the most persuasive evidence comes from a consumer research study.
When confronted with unscientific and poorly constructed surveys, however, judicial opinions can be harsh and the evidence may be given little weight by the court or partially or completed excluded.
In Malletier v. Dooney & Bourke, Inc., 525 F.Supp.2d 558, 569-70 (Dist. Court S.D.N.Y; 2007), for example, the Court excluded the evidence and testimony of all three of the plaintiff’s survey experts and two of the defendant’s three survey experts on the basis that the surveys were unreliable, plagued by significant methodological flaws, and that “any probative value was substantially outweighed by the danger of unfair prejudice and misleading the jury.”
Consequently, it is crucial to hire qualified survey experts. Methodologically sound consumer research studies and expert testimony from Keegan & Donato Consulting will meet the courts’ standards and can serve as powerful evidence in your case.
Cost of Trademark Surveys
Keegan & Donato Consulting’s consumer research studies are custom-designed to meet the needs of your unique case. This may involve targeting specialized populations of respondents and developing unique designs to address the specific issues of importance in the case, factors that affect the time and level of difficulty of executing a study and its overall cost.
Most of our consumer studies cost between $30,000 and $80,000 to complete, and $55,000 is the most typical cost. We work on a fixed rate or hourly basis depending on your needs and will work with you to design a survey that is both reliable and within your budget.
Keegan & Donato Consulting can provide the support you need for your Los Angeles trademark litigation. We have been engaged by leading attorneys across the nation and can deliver persuasive survey evidence that will stand up to judicial scrutiny. Get in touch with us today at (914) 967-9421 to learn more about our wide range of services.