Trademark survey companies like Keegan & Donato Consulting can provide analysis of the facts of your trademark infringement case as well as the expertise you need to develop a powerful case strategy.

Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced firms in the field of trademark litigation.  Principals Mark Keegan and Tony Donato offer clients more than 25 years of combined experience and impeccable credentials in consumer-based survey research and data analysis, and follow a solid methodological foundation in survey design, execution and presentation. 

Mr. Keegan and Mr. Donato have substantial testimony experience as expert witnesses in high-profile cases that involve consumer behavior and trademark infringement. We have worked as experts on behalf of plaintiffs and defendants in support of their litigation in state and federal courts, the Trademark Trial and Appeal Board (TTAB), the NAB, at arbitration, and at other specialty venues.

What We Do for Our Valued Clients

Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting, which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.

In addition to consumer surveys, the firm provides services in these and other areas:

• Full-service data gathering and reporting
• Marketing, damages and forensic economic analysis
• Collaboration on complex commercial litigation issues
• Pilot studies and exploratory research
• Critique of opposing experts’ studies and reports
• Advice on deposition and trial questioning of opposing experts

What Consumer Surveys Can Measure

Surveys can be extremely useful in your attempt to measure issues related to intellectual property matters and provide evidence of infringement.

Likelihood of confusion is a common issue addressed by consumer survey research. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe there is a relationship between the plaintiff’s and the defendant’s mark, brand, or product.

Secondary meaning occurs when consumers associate an otherwise descriptive mark with a single source. It can be measured by means of 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.

Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness.  Consumer recognition of a famous mark can be measured directly by a survey.

Acquired distinctiveness can be measured with consumer survey research. When a mark acquires 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.

Trade dress, like a trademark, is protectable under the Lanham Act. Conducting a consumer survey can help you gather the evidence to prove whether the trade dress in question has established secondary meaning or is likely to cause confusion in the marketplace.

When you are seeking a consulting firm that specializes in trademark infringement analysis and consumer research studies, consider Keegan & Donato Consulting. Contact us today at (914) 967-9421 to take advantage of our extensive knowledge and experience.

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