Keegan & Donato Consulting is a specialty research consultancy and a leading firm in the field of trademark litigation surveys. Take advantage of our proven methodologies and meticulous analytical skills to acquire the evidence you need to support your case strategy.
Principals Mark Keegan and Anthony Donato have extensive testimony experience and a combined 25 years of experience in conducting consumer research studies in the context of intellectual property disputes.
Our firm 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 provided leading IP firms, such as Girard Gibbs LLP in San Francisco, Day Pitney LLP in New York City, Schepisi & McLaughlin, PA in New Jersey, and Riemer & Braunstein LLP in Boston, with a solid foundation for presenting fact-based evidence in support of their positions.
Trademark Survey Specialties
Keegan & Donato Consulting specializes in a wide range of trademark and trade-dress analyses and surveys, including:
- Likelihood of Confusion –We have designed and critiqued hundreds of likelihood of confusion studies to ascertain whether consumers are confused by a party’s use of a contested mark.
- Strength of Mark – If your case involves strength of mark, a survey can measure consumer reaction to the mark and demonstrate the level of consumer recognition. Consumer surveys can be valuable in determining the extent to which consumers are familiar with a brand.
- Secondary Meaning – Proving secondary meaningcan be critical. We can design a consumer research survey to target relevant consumers in your client’s market and help you determine the extent to which consumers associate a contested mark with a single or multiple sources.
- Consumer Perception – A common issue in false advertising and other types of consumer fraud cases is how consumers interpret specific claims made by a manufacturer on packaging and in other marketing communications. Consumer perception of marketing claimscan be tested through consumer research.
- Lanham Act Claims –A methodologically sound consumer research study can provide empirical evidence on the issue of whether an alleged infringement is having a real world impact on consumers and strengthen your Lanham Act case.
- Acquired Distinctiveness – Consumer data can assist in proving that your client’s mark has achieved acquired distinctiveness. Keegan & Donato Consulting offers extensive experience in conducting acquired distinctiveness surveys.
Keegan & Donato Consulting has designed and critiqued hundreds of consumer research studies across a broad range of industries for cases in federal court, state court, the TTAB, arbitration hearings, and other specialty venues.
Because every case is unique, we work with each client to understand the fundamental issues of their cases in order to maximize the value of the survey evidence to the overall case strategy.
Keegan & Donato Consulting can advise you on the best approach for trademark litigation surveys or assist you in rebutting the credibility of an opposing expert’s survey results. Get in touch with us today at (914) 967-9421 to find out how we can help.