When looking for trademark infringement research firms with a combination of strategic and analytical skills to assist you with your trademark infringement litigation, look no further than Keegan & Donato Consulting.
Keegan & Donato Consulting is a specialty research consultancy in beautiful Rye, New York, and one of the most experienced companies in trademark litigation. With 30-plus years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato are skilled in many topics in the areas of trademark and trade dress, including:
- Likelihood of Confusion Analysis & Surveys
- Secondary Meaning Analysis & Surveys
- Strength of Mark Analysis & Surveys
- Trade Dress Analysis & Surveys
- False & Deceptive Advertising Surveys
- Lanham Act Analysis & Surveys
- Consumer Perception Analysis & Surveys
- Marketing, Damages & Forensic Economic Analyses
- Expert Witness Testimony
- Critique of Opposing Experts’ Studies & Reports
- Deposition & Trial Questioning Advice
Beware of Flawed Surveys
Consumer surveys play an important role in proving the likelihood of confusion, secondary meaning, genericness, consumer perception, and other issues where no other scientific evidence is available.
While survey evidence can be robust, it is not typically accepted without challenge. Courts scrutinize surveys for methodological flaws. Errors in sample selection or interviewer bias and suggestive wording may lead to a judge giving the survey little weight or deeming some or all of it inadmissible. Hiring highly qualified survey experts like Keegan & Donato Consulting will help protect your survey from criticism.
In Vital Pharmaceuticals, Inc. v. Monster Energy Company – Dist. Court, SD Florida (2021), for example, Rage energy drink maker, Vital Pharmaceuticals, Inc. (VPX), filed suit against Monster Energy’s and alleged that their Reign energy drink infringed on its Bang energy drink.
The court ultimately ruled against VPX. “VPX has not shown any likelihood of confusion between Bang and Reign because among other things… (2) VPX has failed to put forth direct evidence of actual confusion, and (3) VPX’s indirect evidence of confusion, in the form of a survey, is almost comically flawed.”
Hire a Qualified Expert
Selecting the correct type of survey for a case requires skill and experience. Keegan & Donato Consulting approaches survey design on a case-by-case basis because every case is unique. We work with clients to understand and appreciate the fundamental issues driving the case and work to maximize the value of the research evidence to the overall case strategy.
Our firm can provide you with strategic and technical advice; assist you in analyzing the economic, financial, and technical complexities of your case; help you determine suitable deposition questions to ask; help you prepare a testifying expert for deposition and trial, or critique the potential weaknesses in an adversary’s survey evidence in a rebuttal report.
Our consumer research studies address objective, non-leading questions to an appropriate universe of consumers. We follow the best practices of survey design, execution, and presentation to satisfy judicial and adversarial scrutiny. We have implemented procedures to minimize potential biases in data collection, and our services include a complete analysis and reporting of survey data.
When you need the best trademark infringement research firms for your IP litigation, consider Keegan & Donato Consulting. Call us at (914) 967-9421 to learn more about our capabilities.