Survey evidence has become invaluable in trademark disputes, providing objective and empirical data on consumer perceptions and preferences. By collecting feedback from consumers, surveys help courts assess the likelihood of consumer confusion and make informed decisions based on empirical evidence. Keegan & Donato Consulting can help.
Who We Are
Keegan & Donato Consulting provides nationwide service to attorneys and their clients in federal and state courts, in front of arbitration panels, the TTAB, the NAD, and other specialty venues. Mark Keegan and Tony Donato offer clients 30+ years of recognized survey methodologies, deep operational insight, and extensive industry experience.
Our services include conducting thorough research, analysis, and preparing affidavits and reports for plaintiffs and defendants involved in trademark infringement litigation. We have collaborated on numerous cases that involve business, marketing, and financial issues. Our expertise in these areas enables us to provide valuable support to our clients.
Types of Surveys Used in Trademark Disputes
Various types of surveys can be used in trademark disputes, depending on the issues at hand. Some common types of surveys include:
- Likelihood of Confusion Surveys: A trademark’s fundamental purpose is to prevent consumer confusion. These surveys assess the likelihood of consumer confusion between two trademarks. They typically present consumers with the allegedly infringing mark and ask them questions about its source, affiliation, or similarity to the original mark. A well-executed survey from Keegan & Donato Consulting can assist you in evaluating whether consumers are confused.
- Secondary Meaning Surveys: Descriptive marks cannot typically be protected unless they have acquired a secondary meaning. Our firm designs consumer research surveys that target pertinent consumers in your client’s market and can help you prove whether consumers associate a contested mark with one or more sources.
- Dilution Surveys: Trademark dilution surveys provide valuable insights into consumer recognition of a well-known mark and help measure how much it may be diluted or blurred. By analyzing the data gathered, brands can make informed decisions to protect their trademarks and maintain their distinct identity in the market.
- Consumer Perception Surveys: These surveys delve deeper into consumer perceptions and associations with a particular trademark. They may ask questions about the qualities, characteristics, or reputation associated with the mark, helping to establish its distinctiveness and consumer recognition.
The Role of Survey Experts in Trademark Disputes
Survey experts like Keegan & Donato Consulting play a crucial role in trademark disputes, helping attorneys and their clients navigate the complexities of survey design, data collection, and analysis. We possess specialized knowledge and experience in survey methodology and statistical analysis, ensuring that the survey evidence meets the necessary admissibility standards in court.
In addition to technical expertise, we can assist in developing case strategies and effectively communicating survey findings to judges and jurors. We can help translate complex technical concepts into clear and understandable language, enhancing the overall presentation of the survey evidence.
We may also be called upon to testify as expert witnesses in court, providing opinions and interpretations of the survey data. Our testimony can help educate the court about the relevance and reliability of the survey evidence, ultimately influencing the outcome of the trademark dispute.
By working with the Keegan & Donato Consulting team, businesses and attorneys nationwide can maximize the impact of survey evidence in trademark disputes, strengthening their case presentations and ultimately protecting their trademarks. Contact us today at (914) 967-9421 for more information.