In the competitive world of trademark disputes, the Lanham Act is a powerful tool for protecting intellectual property rights. However, proving consumer confusion can be a challenge. This is where surveys from Keegan & Donato Consulting come into play, offering a valuable opportunity to strengthen your Lanham Act claims.
Keegan & Donato Consulting, in Rye, New York, is a specialized research consultancy that designs and executes trademark surveys for attorneys and their clients in the field of intellectual property disputes.
Principals Mark Keegan and Tony Donato offer more than 30 cumulative years of experience in consumer research and can help you bolster your case. We work on a fixed rate or hourly basis based on your needs and will help you design a reliable survey within your budget.
Understanding the Importance of Surveys in Lanham Act Claims
Surveys are crucial in Lanham Act claims by providing objective evidence to establish consumer confusion. The Lanham Act, also known as the Trademark Act of 1946, prohibits the use of trademarks that are likely to confuse consumers. Proving the likelihood of confusion is a critical element of any Lanham Act claim, and this is where surveys emerge as a valuable tool.
Surveys help businesses gather empirical data on consumer perceptions, attitudes, and purchasing behavior. They provide a scientific approach to understanding how consumers perceive and differentiate between trademarks, logos, and overall brand identity. By gathering this data, you can demonstrate to the court that confusion will likely occur.
Surveys add a level of objectivity to trademark disputes by going beyond subjective opinions. They allow businesses to present concrete evidence based on statistical analysis, making it difficult for opposing parties to challenge or dismiss the findings. By submitting well-designed surveys from Keegan & Donato Consulting, you can build a strong case and increase your chances of success in Lanham Act claims.
Types of Surveys Commonly Used In Lanham Act Cases
Regarding Lanham Act claims, different types of surveys can be utilized to gather relevant data and support the argument of the likelihood of confusion. Here are some of the most commonly used types of surveys in trademark disputes:
- Consumer Perception Surveys: These surveys aim to gauge how consumers perceive and understand trademarks, logos, and overall brand identity. They typically involve presenting participants with various trademarks and asking them questions to gauge their understanding, confusion, or association with specific brands.
- Likelihood of Confusion Surveys: These surveys directly assess the likelihood of confusion among consumers. Participants are shown two or more trademarks and asked if they believe the products or services associated with those trademarks come from the same source or are affiliated in any way.
- Dilution Surveys: In cases involving trademark dilution, surveys can be used to demonstrate the potential harm to a famous mark’s distinctive quality or reputation. These surveys assess the extent to which the defendant’s use of a similar mark may cause dilution by blurring or tarnishment.
By selecting the appropriate type of survey based on the case’s specific circumstances, attorneys can gather the necessary data to support their Lanham Act claim effectively.
Strengthening your Lanham Act claims is as simple as unlocking the potential of surveys from Keegan & Donato Consulting. Whether you are a lawyer or trademark owner, our team can help you navigate the intricacies of Lanham Act claims. Get in touch with us at (914) 967-9421 to take advantage of our wide-ranging knowledge and expertise.