If you are involved in trademark infringement cases and interested in litigation support, look no further than Keegan & Donato Consulting.
Keegan & Donato Consulting, a specialty research consultancy, is located in Rye, New York. We provide a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients across the nation, 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.
Principals Mark Keegan and Tony Donato offer more than 30 years of combined experience and education in consumer-based survey research and data analysis in the context of intellectual property disputes, and follow a solid methodological foundation in survey design, execution and presentation.
What a Survey Can Measure?
Surveys can be very useful in attempting to measure a number of issues related to intellectual property matters and provide evidence of infringement.
A common issue addressed by consumer survey research is likelihood of confusion. 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 marks, brands, or products.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, 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.
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.
Lanham Act Claims – Lanham Act issues are particularly well-suited to testing through consumer research. 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.
Our Survey Best Practices
Keegan & Donato Consulting conducts methodologically sound consumer research studies and expert testimony that will meet the courts’ standards for design, execution, and analysis and can serve as powerful evidence in your case. Some of the industry best practices we build into our designs include:
- Appropriate universe selection and sampling frame;
- 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.
We employ both classic survey designs and innovative custom survey designs that are developed to suit each client’s unique needs.
Get in touch with the experts at Keegan & Donato Consulting at (914) 967-9421 to learn more about the importance of consumer survey evidence in trademark infringement cases. We will help you design a reliable, methodologically sound consumer study to support your case.