Trademark Infringement Research Companies NYC

As you evaluate consumer research companies to bolster your trademark infringement litigation in NYC, Keegan & Donato Consulting can advise you on the best approach for a particular survey or provide you with an objective evaluation of existing survey research.

Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced companies in the field of trademark litigation.

Relying on proven survey methodologies, deep operational insight and vast industry experience, principals Mark Keegan and Tony Donato provide expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants in support of IP litigation, and have collaborated extensively on cases involving business, marketing, and financial issues.

We have designed hundreds of studies across industries ranging from designer apparel to high-end audio products and everything in between.  The real-world results we have collected have provided our clients a foundation for presenting fact-based evidence to support their case strategies.

We also design and execute consumer research studies for brands who want to gauge consumer perception of products or services; assess the buying habits of their target market; test the marketplace for a new brand name, logo or idea; and other key marketing issues.

Value of Consumer Research in Trademark Infringement

Surveys are valuable tools in trademark litigation because they provide insight into actual consumer perceptions, often when no other scientific evidence is available. By asking relevant consumers to respond to certain stimuli and recording their answers, it is possible to measure their attitudes and behaviors, and understand how they perceive a contested mark.

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.

Evidence of actual confusion is not required. In many instances, the most persuasive evidence comes from a consumer research study. However, the court may find them to be of limited value when not conducted by trained independent experts using sound methodologies.

For example, in Kate Spade LLC v. Saturdays Surf LLC, 950 F.Supp. 2d 639 – Dist. Court, S.D. New York (2013), the Court ruled that women’s apparel company Kate Spade LLC’s “Kate Spade Saturday” line of apparel did not infringe on a registered “Saturdays Surf NYC” trademark owned by men’s retailer Saturdays Surf LLC, finding that there was unlikely to be any consumer confusion between the two marks.

Both sides presented consumer survey testimony in an effort to measure consumer confusion.  The Court, however, found both to be of limited value and afforded them no weight in the decision.

Saturdays Surf LLC’s survey was determined to suffer from methodological flaws that raised “serious questions about the leading nature of the survey design.” Kate Spade LLC’s survey was found to be poorly designed.

Don’t overlook the influence that sound, reliable consumer research can have on your NYC trademark infringement case. Companies like Keegan & Donato Consulting can work within your budget to get the results you need. Get in touch with us at (914) 967-9421 to learn more.

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