Trademark surveys can provide powerful evidence but may be deemed inadmissible or given little weight by a Court if they are too broad or fail to address critical issues in a case. Consider these tips from Keegan & Donato Consulting for hiring a highly qualified trademark survey expert.
The firm provides service to attorneys practicing in federal and state courts, in front of arbitration panels, the TTAB, the NAD, and other specialty venues. Principals Mark Keegan and Tony Donato offer clients more than 30 combined years of proven survey methodologies, deep operational insight, and broad industry experience.
- execute surveys with rigorous methodological principles
- document and support our choice of survey questions and sample methods
- minimize the possibility of bias
- carefully analyze the data
- support the results with knowledgeable, reliable expert testimony
How to Choose Your Survey Expert
Experts play different roles in different cases, so you must consider your specific goals before starting a search.
To find an expert who is best suited for your case, the first step should be to decide if you are looking for a specific methodological approach, such as a statistical analysis to assess damages or an assessment of a brand’s competition, or need an expert who is well-versed in a particular industry.
Next, look at each firm’s experience and review their credentials. Ask about cases in which they have offered expert testimony to find out if any were similar to your case and whether any of their testimony was excluded. Find out how the firms that hired them feel about their work. Interview each potential candidate to find out if they fully understand the issues in your case.
Mark Keegan is a member of the New York and Connecticut Bar Associations who has a record of formulating complex case strategies on behalf of his clients and a history as a marketing strategist working with top brands. He is an AMA-designated Professional Certified Marketer.
Tony Donato, who holds a Master of Public Policy degree from Georgetown University, has an extensive background in research, marketing, intellectual property, and consumer behavior cases covering trademark, copyright, best efforts, advertising, business damages, consumer surveys, and business ethics.
Unless a trademark survey is designed correctly, even the best survey expert will be unable to make the survey support your trademark infringement claims.
Keegan & Donato Consulting utilizes an industry-leading online survey software platform to design and execute state-of-the-art surveys that stand up to judicial scrutiny.
Our survey designs are probative of the relevant issues in each case, can target specific consumer populations with appropriate universe selection and sampling frames, and feature cutting-edge rotation and randomization of hundreds of question types with customizable complex skip and display logic when applicable.
Hiring a qualified trademark survey expert like Keegan & Donato Consulting for your litigation will help ensure that your survey evidence stands up to judicial scrutiny. Get in touch with us at (914) 967-9421 for more tips and to learn more about our approach and affordable services.