The impact of surveys on trademark disputes should not be underestimated, as they provide crucial evidence that helps courts determine the strength of a trademark and the potential for consumer confusion. These surveys are conducted by expert researchers at Keegan & Donato Consulting. They are designed to measure various factors, such as the distinctiveness of a trademark, the level of similarity between marks, and the likelihood of consumer confusion.
About Us
Keegan & Donato Consulting, a leading specialty research consultancy, stands at the forefront of trademark litigation. With over thirty years of combined experience and impeccable credentials in consumer-based survey research and data analysis, our principals, Mark Keegan and Tony Donato, bring a wealth of expertise to every case. We adhere to a robust methodological foundation in survey design, execution, and presentation, ensuring the highest standards of service for our clients.
We are members of the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), the Association for Consumer Research (ACR), and ESOMAR, the leading global association for market, social and opinion researchers.
Gain Valuable Insights
Trademark surveys play a pivotal role in legal disputes by providing objective evidence of consumer perception. When courts assess infringement, they consider how consumers perceive the marks in question. Our surveys help gauge consumer perception by asking respondents about their familiarity with the marks, their likelihood of confusing them, and their understanding of the source of the goods or services associated with the marks. This objective evidence can be a game-changer in your trademark dispute.
Trademark surveys are instrumental in determining whether a trademark is inherently distinctive or has acquired distinctiveness through use. By measuring consumer recognition and association with a particular mark, our surveys provide evidence that helps establish a trademark’s distinctiveness and strength. This information is crucial in determining whether a trademark should be protected and to what extent, potentially shaping the outcome of your trademark dispute.
Surveys can also assist in evaluating the potential for consumer confusion when two trademarks are similar. Courts assess the similarity between marks by considering various factors such as visual appearance, phonetic similarity, and overall commercial impression. Surveys can be designed to measure these factors by presenting respondents with different variations of the marks and asking them about their likelihood of confusion.
The results of our surveys provide invaluable insights into how consumers interpret trademarks and whether there is a likelihood of confusion. This information, which we present in a clear and comprehensive manner, empowers courts to make informed decisions on trademark disputes. By choosing Keegan & Donato Consulting, you are equipping yourself with the knowledge needed to navigate trademark litigation.
What Can Trademark Surveys Measure?
Surveys measure intellectual property matters and provide evidence of infringement.
A common issue addressed by consumer survey research is the likelihood of confusion. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe a relationship exists between the plaintiff’s and the defendant’s marks, brands, or products.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, can be measured through a consumer research study and may provide a strong indication that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
Acquired distinctiveness can be measured with consumer survey research. When a mark reaches distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and widespread commercial use.
Lanham Act Claims – Lanham Act issues are particularly well-suited to testing through consumer research. Strengthen your case with a well-designed survey conducted by Kegan & Donato Consulting, which can provide empirical evidence as to whether an alleged trademark infringement has a real-world impact on consumers.
Surveys significantly impact trademark disputes. Methodologically sound consumer research studies and expert testimony from Keegan & Donato Consulting will meet the courts’ standards for design, execution, and analysis and can serve as powerful evidence in your case. Contact us at (914) 967-9421 to learn how we can help.