Do you have a registered trademark that is being infringed upon? Consumer surveys can be instrumental in addressing many trademark issues related to IP matters and provide evidence of infringement. Keegan & Donato Consulting can help.
We are a specialty research consultancy and one of the most experienced companies in the field of trademark litigation. We provide expert research, expert reports, and testimony on behalf of plaintiffs and defendants in support of trademark infringement litigation.
Trademark Issues We Regularly Address
Likelihood of confusion is an issue that is commonly addressed by a consumer research survey. When well-designed, the survey can deliver direct scientific evidence of the degree to which a consumer believes 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 one source. It can be measured through 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 consumers’ minds.
Acquired distinctiveness can be tested with consumer survey research. When a mark reaches distinctiveness, it is capable of serving as a trademark by associating in the minds of consumers with a particular source.
False Advertising is suitable for testing through consumer research by addressing how consumers interpret—and misinterpret— symbols, names, and other marks used by businesses.
Lanham Act issues are particularly well-suited to measurement through consumer research. First, bolster your case with a survey conducted by Keegan & Donato Consulting. We can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.
Criteria for Selecting a Qualified Survey Expert
We recommend considering several criteria when selecting the most appropriate expert for your case, but experience is one of the most important factors. The expert should have the right balance of educational background and practical research experience, as well as expertise in being deposed and testifying at trial.
Mark Keegan and Tony Donato offer more than 30 years of experience and a combination of strategic and analytical skills.
Mr. Keegan consults on many different issues, from marketing and international business to consumer research for Lanham Act claims for many years. He is an AMA-designated Professional Certified Marketer and is licensed to practice law in New York and Connecticut and is .
Mr. Donato has a solid analytical background in marketing, advertising, intellectual property, trademark, copyright, best efforts, business damages, and business marketing ethics. He has a Master of Public Policy from Georgetown University and has consulted on complex litigation matters since 2004.
The firm has designed and critiqued hundreds of consumer research studies across a broad range of industries for cases in state court, federal court, the TTAB, the NAD, arbitration hearings, and other specialty venues.
As you consider experts who can assist you with trademark issues that can be addressed by consumer surveys, consider a firm like Keegan & Donato Consulting that will meet the courts’ standards for design, execution, and analysis. Call us today at (914) 967-9421 to explore our wide range of services.