Trademark dilution occurs when the uniqueness or distinctiveness of a famous trademark is weakened or blurred by the unauthorized use of a similar mark on unrelated goods or services. Surveys can play a substantial role in measuring trademark dilution, and Keegan & Donato Consulting is ready to help.
With a combined 30-plus years of experience in conducting consumer research studies, Keegan & Donato Consulting works on behalf of attorneys and their clients to provide research, analysis, affidavits, declarations and expert reports in support of trademark infringement and trade-dress litigation, and has collaborated extensively on cases that involve marketing, business and financial issues. Our litigation surveys have been accepted as evidence in matters involving a broad range of products and services.
Here are several ways trademark dilution can be measured using surveys:
Selection of Survey Methodology:
- Surveys are used in trademark dilution cases to gauge the potential dilution of a famous trademark. This might include various types of surveys, such as consumer perception and likelihood of confusion surveys.
Define the Target Audience:
- When assessing trademark dilution, it’s important to identify the specific audience. This group should include consumers who are likely to encounter both the famous trademark and the allegedly diluting mark.
- Keegan & Donato Consulting’s capabilities include state-of-the art survey designs that are probative of the relevant issues in each case. We design the survey questionnaire to elicit responses that will help establish the elements required to prove trademark dilution, such as similarity between marks, fame of the trademark, and the potential for dilution.
- The survey sample must be representative of the relevant consumer group. This could involve random sampling or other techniques to minimize bias.
Conducting the Survey:
- The survey should be conducted in a controlled and unbiased manner, either online, in-person, or via telephone, depending on the chosen methodology.
Analyze the Data:
- As experts, the Keegan & Donato team will analyze the data collected to evaluate consumer perceptions about factors such as the similarity of marks, the fame of the plaintiff’s mark, and whether there is potential for dilution.
- Survey results are often presented as expert testimony in a trademark dilution case to demonstrate that consumers associate the allegedly diluting mark with the famous mark and that there is a risk of dilution.
It’s important to note that surveys are highly susceptible to criticism. You can expect the Courts to examine them for methodological flaws. Universe selection issues, interviewer bias, and suggestive wording may cause a judge to give a survey little weight or deem part or all of the results inadmissible.
For this reason, we highly recommend hiring qualified survey experts. Keegan & Donato Consulting’s methodologically sound consumer research studies and expert testimony will meet the Courts’ standards and serve as decisive evidence in your case.
To learn more about measuring trademark dilution through surveys, consider Keegan & Donato Consulting. Get in touch with us today at (914) 967-9421 to explore our affordable services.