How does one go about proving that trademark infringement has occurred? Keegan & Donato Consulting can provide the answers you need and assist you with methodologically sound consumer surveys and expert testimony that can serve as powerful evidence in your case.
The principals of Keegan & Donato Consulting – Mark Keegan and Tony Donato – have extensive strategic and analytical skills and 25-plus years of combined expertise in designing, executing, and critiquing consumer research studies in the context of litigation.
Our nationwide 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
- Critique and rebuttal of opposing experts’ studies and reports
- Advice on questioning of opposing experts in deposition and at trial
- Expert witness testimony on consumer survey, marketing & economic issues
As a specialty research consultancy, we are members of 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, and offer other skills and tools that can help you strengthen your case.
The Value of Survey Evidence
The Lanham Act, 15 USC 1114(a)(1), defines a trademark as “any word, name, symbol, or device, or any combination thereof” that a person or business either uses or intends to use in commerce to distinguish their product or service from others.
Under the Lanham Act, trademark owners who claim infringement and unfair competition are generally required to establish two elements: (1) that the defendant used the registered mark in commerce; and (2) that the use is likely to cause consumer confusion, or to cause mistake, or to deceive.
Evidence of actual confusion is not required; however, courts often give such evidence substantial weight. In addition to gathering testimony from confused customers, the most persuasive evidence often comes from a consumer research survey. However, consumer studies must be well-designed and scientifically sound, or they may be given little weight by the court or partially or completed excluded.
Keegan & Donato Consulting adheres to survey design, execution and presentation best practices. Our consumer surveys direct objective, non-leading questions to an appropriate universe of consumers. We have procedures in place to minimize potential biases in data collection, and our services include a full analysis and reporting of survey data.
The cost of most of Keegan & Donato Consulting’s consumer studies range from $30,000 to $80,000, with $55,000 being the most typical cost. We work on a fixed-rate or hourly basis and will help you design a survey that is reliable, fits into your budget, and follows established methodologies that have been approved by the courts.
When you need a highly qualified expert to assist you with proving trademark infringement, call Keegan & Donato Consulting at (914) 967-9421. We will help you design a reliable, methodologically sound consumer survey to support your case.