The majority of trademark surveys under the Lanham Act address likelihood of confusion, and the experienced consumer survey consultants at Keegan & Donato Consulting can help you strengthen your case by providing independent consumer-based survey research solutions.
We can deliver intelligence quickly within a wide range of budgets, and have been engaged by top IP litigation firms such as Arnold Porter LLP in San Francisco, Blank Rome LLP in Philadelphia, Morgan, Lewis & Bockius LLP in Boston, and Blakely Sokoloff Taylor Zafman LLP in Los Angeles.
About Survey Evidence
Consumer surveys are often regarded by courts as persuasive evidence of likelihood of confusion in trademark infringement litigation and TTAB proceedings.
Under the Lanham Act, trademark owners who claim infringement and unfair competition are generally required to establish two elements: (1) that the defendant used the registered mark in commerce; and (2) that the use is likely to cause consumer confusion.
A likelihood of confusion survey addresses the issue of consumer confusion from a scientific perspective, providing direct evidence of the extent to which consumers believe that certain brands emanate from the same source or are somehow related.
We employ both classic survey designs and develop innovative custom survey designs to meet our clients’ needs. Our industry-leading online survey software platform facilitates the programming and execution of advanced survey designs, including complex skip logic and advanced rotation and randomization of questions, answer options, and stimuli.
Keegan & Donato Consulting considers methodological design among the most crucial aspects of designing a consumer research study. Our surveys follow these (and other) established principles:
- Appropriate universe selection and sampling frame;
- Rigorous and valid survey design that is probative of the relevant issues in the case;
- Inclusion of representative, qualified respondents;
- Use of procedures to minimize potential biases in data collection;
- Use of objective, non-leading questions;
- Use of procedures to reduce guessing among respondents; and
- Full analysis and reporting of survey data.
25 Years of Combined Experience
The principals of Keegan & Donato Consulting – Mark Keegan and Anthony Donato – have extensive experience in designing, executing and critiquing consumer research studies in the context of litigation, and offer a unique mix of strategic and analytical skills.
Mr. Keegan is a member of the New York and Connecticut Bar Associations and has formulated complex litigation case strategies on behalf of his clients and worked as a marketing strategist with top brands. Mr. Donato has a Master of Public Policy from Georgetown University and an extensive background in consumer surveys, marketing, intellectual property, and consumer behavior cases covering trademark, copyright, patent, best efforts, advertising, business ethics, and business damages.
Call Keegan & Donato Consulting at (914) 967-9421 to find out how a trademark confusion survey could help strengthen your infringement case. We will design a study to target relevant consumers in your client’s market and determine how these consumers perceive your client’s brand.