Proving harm can be a crucial factor in determining the outcome of trademark cases. One method often used to establish harm is consumer surveys from Keegan & Donato Consulting.
Consumer surveys, a cornerstone of our services, are meticulously designed to gather data and opinions from a representative sample of consumers. These surveys are not just tools but powerful evidence in court that can substantiate claims of harm caused by trademark infringement. They effectively demonstrate consumer confusion, brand dilution, and damage to the reputation or goodwill associated with a trademark.
About the Firm
As a specialty research consultancy, Keegan & Donato Consulting is among the most experienced firms in trademark litigation. Principals Mark Keegan and Tony Donato offer more than 30 combined years of experience and impeccable credentials in consumer-based survey research and data analysis and follow a solid methodological foundation in survey design, execution, and presentation.
How Surveys Can Prove Harm
Assess the Likelihood of Consumer Confusion
When a trademark is being infringed upon, it can confuse consumers about the source or origin of a particular product or service. Consumer surveys can measure the level of confusion among consumers and provide quantitative data to support claims of harm. For example, if a survey shows that a significant percentage of consumers mistakenly believe a particular product is associated with a well-known brand, this can be strong evidence of damage caused by trademark infringement.
Prove Brand Dilution
Consumer surveys can also demonstrate brand dilution. Brand dilution occurs when the distinctiveness or uniqueness of a trademark is weakened due to its unauthorized use by others. This can result in a loss of value or reputation associated with the trademark.
By conducting surveys, companies can gather data on consumer perceptions of the strength and distinctiveness of their trademark before and after an alleged infringement. If the surveys show a decrease in consumer perception of the trademark’s distinctiveness or uniqueness due to the unauthorized use by others, it can be compelling evidence of harm caused by trademark infringement.
Measure Reputational Damage
Reputation and goodwill are intangible assets built over time through consistent branding and quality products or services. When a trademark is infringed upon, it can negatively impact the reputation or goodwill associated with that trademark.
Consumer surveys can measure changes in consumer perceptions of the trademark’s reputation or goodwill before and after an alleged infringement. If the surveys show a decrease in consumer perception of the trademark’s positive attributes due to the unauthorized use by others, it can provide strong evidence of harm caused by trademark infringement.
In Conclusion
Consumer surveys are valuable tools in proving harm in trademark cases. By hiring Keegan & Donato Consulting to conduct well-designed and scientifically rigorous surveys, you will be able to present compelling evidence in court to strengthen your case for harm caused by trademark infringement. Get in touch with us at (914) 967-9421.