Consumer research studies are complex. When faced with questionable survey evidence in high-stakes intellectual property disputes, survey rebuttals may bring to light critical flaws and weaknesses in the evidence that could help you develop an effective rebuttal strategy.
Keegan & Donato Consulting is located in Rye, New York, just outside of Manhattan, and serves clients throughout the nation. We have a strong understanding of the legal standards for survey research in Lanham Act litigation and TTAB proceedings and have designed and analyzed hundreds of studies across a wide range of industries.
Critique & Rebuttal
Consumer research studies are a common approach toward proving likelihood of confusion, strength of mark, secondary meaning, consumer perception, acquired distinctiveness, and more.
No research study is perfect, however, and it is not uncommon for courts to find trademark and consumer surveys poorly designed and lacking in objectivity.
Even if you are confronted with a research study that appears convincing and well-executed, we can identify small and large methodological flaws and provide expert analysis that could bolster your case.
Our typical examination may include an analysis of:
- the opposing expert’s training and credentials
- the survey design
- the survey methodology
- the types of questions asked and their wording
- the ordering and structure of the questions
- the procedures used to minimize potential biases in data collection
- how the survey universe was defined
- the sampling frame used to identify the population
- the method of screening and selecting survey respondents
- how the survey data was analyzed and reported
These are just a few of the factors we analyze when critiquing a survey to determine its validity. When you are facing tough survey evidence from a top name in the field, Keegan & Donato Consulting can help.
Background & Experience
Mark Keegan and Anthony Donato, principals of Keegan & Donato Consulting, offer clients an unusual blend of strategic and analytical skills and 25 years of combined expertise in designing, executing and critiquing consumer research studies in the context of litigation.
Mark Keegan is a member of the New York and Connecticut Bar Associations and has developed complex litigation strategies for his clients and served as a marketing strategist with top brands. He is also an AMA-designated Professional Certified Marketer.
Tony Donato has a Master of Public Policy from Georgetown University and considerable experience in marketing, intellectual property, and consumer behavior cases covering trademark, copyright, patent, best efforts, advertising, business damages, consumer surveys, and business ethics.
Keegan & Donato Consulting is a member of the International Trademark Association (INTA), the American Marketing Association (AMA), and ESOMAR (World Association of Opinion and Marketing Research Professionals), the preeminent professional organization for market, social and opinion researchers.
We have assisted leading IP firms such as Day Pitney LLP in New York City, Schepisi & McLaughlin, PA in New Jersey, Girard Gibbs LLP in San Francisco, and Riemer & Braunstein LLP in Boston.
As highly qualified survey experts, Keegan & Donato Consulting provides litigation surveys, survey critiques and rebuttals, and expert testimony for intellectual property matters. Get in touch with us at (914) 967-9421 to learn more about our services.