In the complex world of trademark cases, survey methods are a powerful tool for gathering evidence and insights. At Keegan & Donato Consulting, we specialize in conducting surveys that gather data and opinions from consumers or potential consumers about trademarks and their association with specific products or services.
These surveys are a crucial part of the evidence base in trademark cases, providing a clear picture of consumer perception.
These surveys, designed to assess consumer perception, likelihood of confusion, and the distinctive nature of a trademark, are not just data collection tools. They are powerful instruments that can provide attorneys and brand owners with valuable insights. By employing various survey methods, you can obtain information that will help you make informed decisions and strengthen your trademark cases.
Who We Are
Keegan & Donato Consulting, a nationwide service provider, brings a unique blend of proven survey methodologies, deep operational insight, and extensive industry experience to attorneys practicing in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues, and their clients. With over 30 years of combined experience, our principals, Mark Keegan and Tony Donato, are committed to delivering exceptional services.
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.
Consumer Perception Surveys
One common survey method used in trademark cases is the consumer perception survey. This type of survey aims to gauge how consumers perceive a particular trademark and its association with a specific product or service. It typically involves showing participants different marks and asking them questions related to their perception, such as whether they find the mark confusingly similar to other existing marks or if they believe the mark signifies a particular type of product or service.
The results of these surveys can provide evidence of consumer confusion or the distinctiveness of a trademark, which is crucial in establishing the strength and validity of a mark in a trademark case.
Likelihood of Confusion Surveys
Another survey method commonly used in trademark cases is the likelihood of confusion survey. This survey is conducted to determine the likelihood that consumers would confuse two trademarks, particularly when they are used for similar products or services. The survey participants are presented with the two marks and asked questions about their similarities, such as whether they believe the marks come from the same source. The survey results can provide valuable evidence regarding the potential for consumer confusion, which is a key factor in trademark infringement cases.
Other Survey Types
In addition to consumer perception and likelihood of confusion surveys, other survey methods can also be used in trademark cases.
For example, brand awareness surveys can be conducted to assess the level of recognition and association consumers have with a particular trademark. These surveys often involve showing participants the mark and asking them questions about their familiarity with it, such as whether they have seen it before or if they can identify the product or service associated with it.
The results of brand awareness surveys can provide evidence of a mark’s strength and distinctiveness, which is crucial in establishing its protectability and enforceability.
It is important for professionals involved in trademark litigation to understand the different survey methods available and choose the most appropriate method based on their case’s specific needs and objectives.
Key Takeaways
Overall, survey methods play a vital role in trademark cases by providing objective data and insights into consumer perception, likelihood of confusion, and other issues.
When selecting a company to assist you in your cases, consider Keegan & Donato Consulting. We deliver intelligence within a wide range of budgets to help reinforce your strategy. Contact us today at (914) 967-9421 for more information.