Attorneys, Fortune 500 companies, and others whose trademark litigation requires survey-based support and the expertise of a consumer survey specialist will benefit from the extraordinary knowledge of Keegan & Donato Consulting.
Keegan & Donato Consulting serves attorneys practicing in federal and state courts before arbitration panels, the TTAB, the NAD, and other specialty venues. Principals Mark Keegan and Tony Donato offer clients more than 30 combined years of broad industry experience, proven survey methodologies, and deep operational insight.
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.
Consumer Survey Types and Their Uses
Courts have accepted various types of surveys as evidence in IP litigation. They include:
Likelihood of Confusion surveys measure the degree of similarity between two marks and the products or services they represent. They help assess whether consumers will likely be confused between marks by asking participants whether they believe the marks belong to the same or different companies.
Secondary meaning occurs when consumers associate an otherwise descriptive mark with a single source. It can be measured through a consumer survey and may provide a strong indication that a mark has become a distinctive identifier of a brand in the minds of consumers.
Acquired distinctiveness can be measured with consumer survey research. When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and commercial use.
Why Hire an Expert?
According to Rule 702 of the Federal Rules of Evidence, experts must possess specialized knowledge in technical, scientific, or other relevant fields to assist the court in understanding the presented evidence. Expert testimony must be supported by reliable principles and methods based on sufficient facts and data appropriately applied to the case.
Choosing the appropriate type of survey for a particular case requires expertise and experience. At Keegan & Donato Consulting, we approach survey design on a case-by-case basis, recognizing that each client’s situation is unique. By working closely with our clients, we gain a thorough understanding of the key issues that drive the case, allowing us to maximize the value of research evidence within the overall case strategy.
Critique and Rebuttal
Our extensive knowledge of consumer research surveys and their methodologies makes our team highly skilled in critiquing and rebutting surveys submitted by opposing experts on various topics.
When faced with a seemingly well-executed and persuasive consumer study, we can identify major and minor methodological flaws and provide expert analysis to strengthen your case. Our analysis encompasses a thorough examination of the following factors:
- Survey design and methodology
- Credentials and training of the opposing expert
- Type, wording, ordering, and structure of the survey questions
- Definition of the survey universe
- The sampling frame used to identify the population
- Methods employed for screening and selecting survey respondents
- Procedures in place to mitigate potential data collection biases
- Techniques used for analyzing and reporting the survey data
Next Steps
When it comes to intellectual property litigation, you can rely on Keegan & Donato Consulting for survey-based trademark litigation support. Feel free to contact us at (914) 967-9421 to learn more about how we can assist you.