Attorneys who need trademark litigation support in Philadelphia or elsewhere in the nation can rely on Keegan & Donato Consulting to help them strengthen their case strategies.
Keegan & Donato Consulting provides a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and/or trial, and rebuttal of opposing parties’ surveys when applicable.
Principals Mark Keegan and Tony Donato offer a combined 25-plus years of experience in conducting consumer research studies, and membership in the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), the Association for Consumer Research (ACR), and ESOMAR, the leading global association for market, social and opinion researchers, as well as other skills and tools that can help you strengthen your case.
We design, execute and analyze consumer research studies that will withstand the rigors of litigation and support allegations of likelihood of confusion, strength of mark, secondary meaning, acquired distinctiveness, dilution, genericness, and other Lanham Act issues.
Our Survey Methodology
At Keegan & Donato Consulting, we consider methodological design among the most important aspects of designing a consumer research study. We have conducted and critiqued hundreds of studies across industries ranging from designer apparel to high-end audio products and everything in between.
Some of the industry best practices the firm builds into its survey designs include:
- Appropriate universe selection and sampling frame;
- Inclusion of representative, qualified respondents;
- Use of procedures to minimize potential biases in data collection;
- Use of objective, non-leading questions;
- Use of procedures to reduce guessing among respondents; and
- Full analysis and reporting of survey data.
We employ both classic survey designs and develop innovative custom survey designs to suit each client’s 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.
How an Expert Can Help
Although good survey evidence can be powerful, consumer surveys typically are not accepted without challenge. Courts demand accurate, real-world data, and poor designs and methodological flaws can result in partial or full exclusion of survey evidence from a case.
In Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. PA. May 10, 2016), for example, plaintiff Parks claimed that the defendant’s “Park’s Finest” sausages and hot dogs infringed on its “Ball Park Franks” brand.
The Court was critical of methodological flaws in a consumer survey submitted by Parks. It “was not probative of secondary meaning” and “was not directed at the appropriate universe of consumers.” Tyson Foods, on the other hand, introduced a consumer survey that showed little evidence of consumer confusion between its Park’s Finest sausages and Parks brand sausages. Tyson Foods prevailed.
Keegan & Donato Consulting will work within your budget to deliver the support you need for your Philadelphia litigation. We have been engaged by leading trademark attorneys, such as Morgan, Lewis & Bockius LLP in Boston, Duane Morris LLP in New York, Girard Gibbs LLP in San Francisco, and firms across the nation. Contact us at (914) 967-9421 to learn more about our affordable services.