A trademark infringement survey can play an influential role in the course of litigation, especially for matters involving likelihood of confusion and secondary meaning. However, attorneys and their clients risk having the results discounted or excluded if the survey is not conducted by trained independent experts using sound methodologies.
Keegan & Donato Consulting specializes in consumer-based survey research. We have designed, executed, and critiqued hundreds of trademark surveys that have been admitted into evidence in state and federal courts, at arbitration, and to the Trademark Trial and Appeal Board (TTAB). We also have extensive testimony experience.
We offer 25 years of experience in marketing analysis, intellectual property, damages analysis, forensic economic analysis, and related areas. Our methodologically sound consumer surveys and skillful, objective analysis will ensure the admissibility and persuasiveness of the results and help you develop a powerful case or rebuttal strategy.
Trademark Survey Methodology
Keegan & Donato Consulting follows established principles of consumer survey research beginning with a rigorous and valid survey design that targets the relevant issues in the case. Some of the industry best practices that we build into our survey 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 have assisted firms across the nation develop effective case strategies, including Debevoise & Plimpton LLP in New York City, Blood Hurst & O’Reardon LLP in San Diego, Ropes & Gray LLP in Washington, DC, and Giampolo Law Group in Philadelphia.
How a Survey Can Strengthen Your Case
Rarely is direct evidence of actual consumer confusion available. Consequently, in analyzing a trademark infringement or dilution case, many courts consider consumer surveys to be strong circumstantial evidence. Some, in fact, have even drawn negative inferences from the absence of survey evidence.
Tip the balance in your favor by engaging Keegan & Donato Consulting to help you develop a robust case strategy by designing a study to target relevant consumers in your client’s market and determine how these consumers perceive your client’s brand.
If you are confronted with potentially flawed survey results submitted by an opposing expert, we are skilled at identifying flaws and weaknesses which may not be apparent to an untrained eye, but may assist you in rebutting the credibility of the opposing expert’s work in the context of your litigation.
Keegan & Donato Consulting would be pleased to advise you on the best approach for your particular trademark infringement survey or provide you with an objective evaluation of existing survey research. Contact us today at (914) 967-9421 to find out how we can help.