With an unparalleled knowledge of the science and methodology behind consumer research studies, Keegan & Donato Consulting offers extensive experience in critiques and rebuttals of trademark confusion surveys.
Keegan & Donato Consulting provides a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and/or trial, and rebuttal of opposing parties’ surveys when applicable.
The firm designs, executes, analyzes, and presents the results of IP litigation surveys, including:
We have collaborated with firms that manage some of the largest trademark portfolios in the world, such as Girard Gibbs LLP in San Francisco, Fox Rothschild LLP in New Jersey and Philadelphia, Hogan Lovells in Washington, DC, and Riemer & Braunstein LLP in Boston.
Consumer Survey Rebuttal
Consumer surveys can provide important evidence in intellectual property disputes, but no survey is perfect, and none is immune to criticism.
When you are facing tough survey evidence in your case from a top name in the field, hiring a credentialed, experienced expert witness to review and respond to the opposing expert’s work is a crucial component of an effective rebuttal strategy.
If a thorough analysis by the experts at Keegan & Donato Consulting determines that the opposing expert’s survey was not scientifically valid or suffered from methodological flaws that introduced bias or error into the survey, the survey could be rendered inadmissible or given little weight by the court.
We have the expertise to identify small and large methodological flaws and provide expert analysis that could bolster your case. We will assess the degree to which a survey conforms to the generally-accepted principles of proper survey research.
A 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
Because the circumstances of each case are unique, we approach survey critique and rebuttal on a case-by-case basis. We work closely with our clients to understand the key issues driving their cases, and work to maximize the value of a rebuttal to the overall case strategy.
Keegan & Donato Consulting is often engaged to critique survey work submitted by opposing experts. We have reviewed and rebutted hundreds of trademark confusion surveys and can help you develop an effective rebuttal strategy. Contact us today at (914) 967-9421 to find out how we quickly deliver intelligence within a wide range of budgets.