When your trademark dispute requires the services of an expert witness, take advantage of the breadth of knowledge and experience of Keegan & Donato Consulting.
Principals Mark Keegan and Anthony Donato offer wide-ranging strategic and analytical skills in the area of IP litigation, and have collaborated extensively with plaintiffs and defendants in support of trademark infringement and trade dress litigation and on cases involving marketing, business and financial issues.
Our specialties include:
- Likelihood of Confusion Analysis & Surveys
- Secondary Meaning Analysis & Surveys
- Strength of Mark Analysis & Surveys
- Lanham Act Analysis & Surveys
- Trade Dress Analysis & Surveys
- Consumer Perception Analysis & Surveys
- Consumer Understanding Studies
- Survey Critiques & Rebuttals
- Expert Witness Testimony
In complex litigation matters, it can be critically important to have a knowledgeable, skilled, experienced and well-trained expert or consultant on your side.
Mr. Keegan is a member of the New York and Connecticut Bar Associations. He has crafted complex case strategies for his clients and served as a marketing strategist for top brands. Mr. Donato has an extensive analytical background in intellectual property and consumer behavior cases related to trademark, copyright, patent, marketing and advertising disputes, as well as business damages.
We have consulted with prominent IP litigation firms throughout the U.S., such as Debevoise & Plimpton LLP in New York City, LeClairRyan in Los Angeles, Riemer & Braunstein LLP in Boston, and Ropes & Gray LLP in Washington, DC, and have designed, executed, and critiqued a vast number of surveys that have been admitted into evidence in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues.
As a specialty research consultancy, we are members of the International Trademark Association (INTA), ESOMAR, the leading global association for market, social and opinion researchers, and the American Marketing Association (AMA). Mr. Keegan is also an AMA-designated Professional Certified Marketer.
Critique and Rebuttal
Keegan & Donato Consulting also offers extensive experience in the critique and rebuttal of surveys submitted by opposing experts on a wide range of issues.
Even if you are confronted during litigation with a research study that appears convincing and well-executed, we have the expertise to identify small and large methodological flaws and provide expert analysis that could bolster your case.
A typical examination may include analysis of:
- the survey design and methodology
- the opposing expert’s training and credentials
- the type and wording of the questions asked
- the ordering and structure of the questions
- the procedures used to minimize potential data collection biases
- the process used to define the survey universe
- the sampling frame used to identify the population
- the method of screening and selecting survey respondents
- the method of analyzing and reporting the survey data
We are often enlisted for advice on how to approach an opposing expert’s deposition and can counsel you on survey-related issues to address and areas of questioning about survey research in general.
Keegan & Donato Consulting is highly qualified to provide expert witness testimony in your trademark dispute or other intellectual property matter. Get in touch with us at (914) 967-9421 to find out more about how our experience in litigation surveys and survey critique and rebuttal could help strengthen your case.