In the competitive world of trademark disputes, the Lanham Act is a powerful tool for protecting intellectual property rights. However, proving the likelihood of consumer confusion can be challenging for litigators. This is where survey methodologies from the experts at Keegan & Donato Consulting come into play, offering a valuable opportunity to bolster Lanham Act claims.
Surveys provide a scientific approach to examining consumer perceptions, offering powerful insights into whether a likelihood of confusion exists. By collecting data through well-designed questionnaires, you can gain valuable evidence to support your claims and sway the court in your favor.
Understanding the Importance of Surveys in Lanham Act Claims
The Lanham Act, also known as the Trademark Act of 1946, prohibits using trademarks that are likely to confuse consumers. Proving the likelihood of confusion is a critical element of a Lanham Act claim, and this is where surveys emerge as a valuable tool.
Surveys add objectivity to trademark disputes by going beyond subjective opinions. They allow litigators to present concrete evidence based on statistical analysis, making it difficult for opposing parties to challenge or dismiss the findings. By presenting 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
When it comes to trademark disputes, different types of surveys can be utilized to gather relevant data and support the argument of the likelihood of confusion. They include:
- Consumer Perception Surveys: These surveys can gauge how consumers perceive and understand trademarks, logos, and overall brand identity. Consumer perception surveys typically involve presenting participants with trademarks and asking them questions to assess 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.
About Our Firm
Located just north of Manhattan in Rye, New York, Keegan & Donato Consulting has designed, executed, presented, and rebutted a wide range of surveys that have been admitted into evidence in federal and state courts, in front of arbitration panels, the TTAB, the NAD, and other venues.
Offering 30+ combined years of proven survey methodologies, deep operational awareness, and extensive industry experience, principals Mark Keegan and Tony Donato provide expert research, analysis, affidavits, and reports for plaintiffs or defendants to support their trademark infringement litigation.
Surveys have a crucial role in trademark infringement claims by providing objective evidence to establish the likelihood of confusion. Experts like Keegan & Donato Consulting work within your budget to get the results you need. Our survey methodologies minimize bias, ensuring the results are statistically valid. Reach out to us at (914) 967-9421 to find out more about our services.