Research and consumer surveys are crucial in helping trademark infringement attorneys build a strong case. Trademark infringement occurs when one party uses a trademark that is similar or identical to another party’s registered trademark, causing confusion among consumers. To prove trademark infringement, attorneys need to demonstrate that there is a likelihood of confusion among consumers. This is where research and consumer surveys come into play. Keegan & Donato Consulting can help.
Our specialty research firm is among the most experienced in trademark litigation. Our state-of-the-art survey designs employ classic and innovative custom designs to suit our clients’ needs.
We offer a broad range of services to plaintiff and defendant clients, including consultation about litigation strategy, consumer research studies, testimony in trademark and trade dress litigation, testimony at deposition and trial, expert reports, and rebuttal of opposing parties’ surveys when applicable.
Gathering Evidence
One of the main goals of research in trademark infringement cases is to gather evidence showing similarities between the trademarks. Attorneys will conduct extensive research to identify any potential infringing marks and collect evidence such as images, advertisements, and other materials demonstrating the similarity between the marks. This research is essential for attorneys to present a strong case and convince the court that there is a likelihood of confusion.
Consumer surveys are another valuable tool trademark infringement attorneys use to support their cases. These surveys aim to gauge consumer perception and determine whether there is a likelihood of confusion between two trademarks. Attorneys will design and conduct surveys that ask participants about their familiarity with the trademarks, their perception of the brands, and whether they believe the marks are associated with the same source. The results of these surveys can be used as evidence in court to prove consumer confusion.
When conducting consumer surveys for trademark infringement cases, attorneys must ensure that the survey methodology is sound and reliable. Attorneys may work with market research experts or survey professionals to design surveys that meet the standards required by courts. This includes considering factors such as sample size, demographics of participants, survey questions, and statistical analysis. By following rigorous survey methodology, attorneys can enhance the credibility and admissibility of the survey evidence in court.
The results of consumer surveys can significantly impact the outcome of trademark infringement cases. If the survey findings indicate a likelihood of confusion among consumers, it strengthens the attorney’s argument that trademark infringement has occurred. On the other hand, if the survey results show no confusion or minimal confusion, it may weaken the opposing party’s case. The court will consider the survey evidence along with other factors, such as the similarity of the marks, the relatedness of the goods or services, and the strength of the plaintiff’s mark in determining whether trademark infringement has occurred.
In Conclusion
In conclusion, research and consumer surveys are invaluable tools for trademark infringement attorneys. Through thorough research, attorneys can gather evidence of similarities between trademarks, while consumer surveys help gauge consumer perception and establish a likelihood of confusion. By utilizing these tools effectively, attorneys can build a strong case that supports their clients’ claims of trademark infringement. Contact Keegan & Donato Consulting at (914) 967-9421 to utilize our data-gathering expertise.