Survey data and research are crucial in trademark and intellectual property (IP) litigation. Trademark and IP litigators often rely on survey evidence to support their arguments and strengthen their cases. Surveys can provide valuable insights into consumer perception, brand recognition, and likelihood of confusion, key factors in trademark infringement cases. By hiring Keegan & Donato Consulting to conduct surveys and analyze the data, litigators can gather evidence to support their trademark infringement claims or defend against such claims.
About Us
The firm designs and executes consumer surveys and collaborates on various marketing and complex litigation issues. We offer more than 30 combined years of experience in conducting consumer research studies in the context of IP disputes and provide services nationwide, including the following:
- Likelihood of Confusion Analysis & Surveys
- Secondary Meaning Analysis & Surveys
- Strength of Mark Analysis & Surveys
- Lanham Act Analysis & Surveys
- Trade Dress Analysis & Surveys
- False & Deceptive Advertising Surveys
- Consumer Perception Analysis & Surveys
- Marketing, damages, and forensic economic analyses
- Expert Witness Testimony
- Critique / rebuttal of studies and reports from opposing experts
- Advice on questioning of opposing experts at deposition and trial
Mr. Keegan is an AMA Professional Certified Marketer. He has worked with top brands as a marketing strategist, helping to position them in the market and creating innovative online advertising solutions. Mr. Keegan and Mr. Donato have wide-ranging skills and tools that can help you strengthen your case.
Survey Uses
One of the main uses of survey data in trademark and IP litigation is to establish consumer perception and likelihood of confusion. In cases where two trademarks are similar, it is essential to demonstrate that consumers will likely be confused between the two brands. Survey data can help litigators quantify and establish this likelihood by gathering information on consumer awareness, recognition, and association with the trademarks in question. By presenting survey data that shows a significant number of consumers are likely to be confused, litigators can strengthen their argument for trademark infringement.
Surveys can also be used to assess the strength of a trademark or brand in the market. This is particularly important in cases involving claims of trademark dilution or genericide. Survey data can help litigators demonstrate the distinctiveness and recognition of a trademark among consumers, proving its strength and uniqueness in the marketplace. Conversely, defendants can also use surveys to challenge the strength of a plaintiff’s trademark and argue that it is generic or diluted.
In addition to consumer perception, survey data can be used to assess damages in trademark and IP litigation. In cases where there has been proven trademark infringement, surveys can help quantify the extent of harm caused to the plaintiff’s brand or business. By measuring consumer confusion, loss of sales, and brand reputation damage, litigators can present survey data as evidence of the economic harm suffered by their clients. This information is crucial in determining the appropriate amount of damages or compensation to be awarded.
Why Hire Experts?
To conduct effective surveys for trademark and IP litigation, litigators should work with experienced survey researchers who understand the legal requirements and standards for admissibility. These researchers can design surveys that meet the case’s specific needs, ensure proper sampling techniques, and provide accurate analysis of the collected data. It is also essential to carefully consider the survey methodology, sample size, target audience, and questionnaire design to ensure the survey results are relevant and reliable.
Key Takeaways
Survey data and research are valuable tools for trademark and IP litigators. They provide insights into consumer perception, likelihood of confusion, brand strength, and damage assessment. By effectively utilizing survey evidence from Keegan & Donato Consulting, litigators can strengthen their arguments, support their claims or defenses, and ultimately increase their chances of success in trademark and IP litigation cases. Call us today to explore our services.