Trademark litigation involves complex legal battles over the ownership and protection of intellectual property rights. Brand owners and their attorneys need evidence to support their claims and make informed decisions throughout the legal process. This is where survey research by Keegan & Donato Consulting becomes a valuable tool.
Our firm provides services to attorneys and their clients in state and federal courts, in front of arbitration panels, the TTAB, the NAD, and other specialty venues. Principals Mark Keegan and Tony Donato possess over 30 combined years of proven survey methodologies, deep operational insight, and broad industry experience.
From Data to Decisions
Survey research objectively assesses consumer attitudes and behavior by collecting data from a representative sample of the target population. It enables attorneys and brand owners to gather empirical evidence on consumer perceptions, confusion, and the distinctiveness of a trademark. This evidence can be crucial in establishing a trademark’s strength, evaluating the likelihood of confusion, and determining damages in trademark infringement cases.
By leveraging data and statistical analysis by experts like Keegan & Donato Consulting, survey research offers a scientific basis to support or challenge trademark claims. It can help you go beyond subjective opinions and anecdotal evidence, providing a solid foundation for decision-making in trademark litigation.
Types of Surveys Used in Trademark Litigation
Various types of surveys can be used in trademark litigation, depending on the specific needs of the case. One commonly used survey is the consumer perception survey, which measures how consumers perceive and understand a trademark. This type of survey can assess the distinctiveness and strength of a trademark and the likelihood of confusion with other trademarks.
Another type of survey is the likelihood of confusion survey, which measures the probability of consumers being confused between two trademarks. The survey typically presents consumers with different versions of a trademark and asks them to evaluate the likelihood of their confusion. It helps establish whether the infringer’s trademark use is likely to confuse consumers.
In addition to consumer perception and likelihood of confusion surveys, other types used in trademark litigation include secondary meaning surveys, dilution surveys, and surveys to calculate damages. Each type of survey serves a specific purpose and provides valuable insights that can strengthen or undermine a trademark litigation case.
To demonstrate the impact of survey research in trademark litigation, here is a case study showing where a survey played a crucial role in shaping the outcome of the case.
Coca-Cola vs. PepsiCo
In a trademark dispute between Coca-Cola and PepsiCo, survey research was pivotal in determining the likelihood of consumer confusion. Both companies claimed that the other’s trademarks were likely to cause confusion among consumers, leading to trademark infringement.
Consumer perception surveys were conducted to measure how consumers perceived and understood the trademarks of both companies. The surveys found that consumers could easily distinguish between Coca-Cola and PepsiCo products. The survey results provided strong evidence that there was no likelihood of confusion between the two trademarks, ultimately leading to a favorable outcome for Coca-Cola.
Survey research has emerged as a powerful tool in trademark litigation, offering valuable insights that can make or break your case. When you need robust survey research to support or challenge a case, Keegan & Donato Consulting can deliver the assistance required. Call us today at (914) 967-9421.