Trademark attorneys in Jacksonville, Florida who need litigation support to bolster their case strategies will benefit from the extraordinary expertise of Keegan & Donato Consulting.
The firm specializes in a wide range of trademark and trade dress analyses and surveys. We have designed and critiqued hundreds of consumer research studies across a broad range of industries for cases in federal court, state court, the TTAB, the NAD, arbitration hearings, and other specialty venues.
With more than 25 years of experience in conducting consumer-based surveys, Keegan & Donato Consulting has developed surveys for and collaborated with firms that manage some of the largest trademark portfolios in the world, such as Girard Gibbs LLP in San Francisco, Fox Rothschild LLP in New Jersey and Philadelphia, Hogan Lovells in Washington, DC, and Riemer & Braunstein LLP in Boston.
Value of Survey Evidence
Surveys can be used to test a wide variety of Lanham Act claims. An expert can help establish whether or not a descriptive mark has acquired secondary meaning; whether or not competing marks are likely to confuse consumers; whether or not a mark is famous; and whether or not one brand’s mark is likely to cause dilution to a competing mark. In many instances, the most persuasive evidence comes from a consumer research study.
While survey evidence is not required in order to prevail on a claim of trademark infringement, courts often give such evidence substantial weight, as illustrated in the following example.
In Tiffany and Co. v. Costco Wholesale Corp., 127 F.Supp.3d 250 –District Court, S.D. New York (2015), the iconic jeweler sued Costco for trademark infringement over its use of the “Tiffany” trademark to sell diamond wedding rings. Costco argued that using the name Tiffany merely to describe the style of the ring (i.e., “Tiffany” setting) did not confuse consumers into thinking that Tiffany & Co. was the source of the rings.
Tiffany & Co. proffered a consumer confusion survey which concluded that prospective purchasers of wedding rings at Costco were likely confused into believing that Tiffany & Co. was the source of the rings. Costco attacked the survey expert’s methods but did not offer its own survey or any other evidence of lack of consumer confusion. Without a competing survey, “Tiffany’s evidence of consumer confusion stands unrebutted.” The Court granted Tiffany’s motion for summary judgment.
Survey Best Practices
Some of the industry best practices that Keegan & Donato Consulting builds into the firm’s 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.
We are confident that trademark attorneys in Jacksonville will find our litigation support and extensive knowledge of intellectual property issues appropriate for meeting the courts’ standards. Get in touch with Keegan & Donato Consulting today at (914) 967-9421 to find out more about our wide range of services.