To establish a case of trademark infringement, proving that there is a likelihood of confusion among consumers is crucial. This can be accomplished through the use of surveys from the experts at Keegan & Donato Consulting.
Keegan & Donato Consulting provides service to attorneys practicing in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues. Mark Keegan and Tony Donato offer clients 30+ combined years of proven survey methodologies, deep operational insight, as well as broad industry experience.
Importance of Proving Likelihood of Confusion
Proving likelihood of confusion is essential for several reasons. First, it helps protect the rights of trademark owners by preventing others from capitalizing on their brand reputation and goodwill. Trademark infringement can dilute the distinctive qualities of a brand and erode its market share. Second, establishing likelihood of confusion is necessary to safeguard consumers’ interests. By ensuring that trademarks are distinct and easily discernible, consumers can make informed purchasing decisions without confusion or deception.
Types of Surveys Used in Trademark Cases
Various types of surveys can be used to gather consumer data. Keegan & Donato Consulting designs, executes, analyzes, and presents the results of IP litigation surveys, including:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Acquired Distinctiveness
- Lanham Act Claims
Our surveys provide valuable insights into consumer behavior, perception, and understanding of different trademarks.
Interpreting the findings requires expertise in survey methodology and trademark law. The results must be analyzed in the context of the specific legal requirements for proving likelihood of confusion. The Keegan & Donato Consulting team will help you draw clear and compelling conclusions from the survey data that support your arguments in court.
In addition to our survey design capabilities, we offer services in these and other areas:
- Full-service data gathering and reporting
- Marketing, damages, and forensic economic analysis
- Collaboration on complex commercial litigation issues
- Pilot studies and exploratory research
- C?>ritique and rebuttal of studies and reports from 1opposing experts
- Advice for deposition and trial questioning of opposing experts
In trademark infringement cases, proving likelihood of confusion is essential for protecting the rights of trademark owners and ensuring consumer confidence in the marketplace. Surveys provide a powerful tool for gathering empirical evidence and establishing the existence of a likelihood of confusion. By carefully designing surveys, selecting the right target audience, and conducting rigorous data analysis, attorneys can strengthen their trademark cases and present compelling evidence in court.
It is crucial for legal professionals to work closely with experienced survey experts who understand the intricacies of survey design and the legal requirements for proving likelihood of confusion. By leveraging the power of surveys, attorneys can bolster their arguments, protect their clients’ trademarks, and secure favorable legal outcomes in trademark infringement cases.
Proving a likelihood of confusion claim with surveys is best accomplished with the help of the trademark survey experts at Keegan & Donato Consulting. Reach out to us at (914) 967-9421 to explore our wide range of services.