Trademark Litigation Research Consultants – New York, NY

Trademark litigation research consultants in New York, NY isn’t just a location tag, it reflects how we work with New York counsel under real deadlines in real venues. From SDNY and EDNY to the TTAB, NAD, and platform matters, at Keegan & Donato Consulting, Inc. our goal is simple: give courts and decision-makers clear, reliable insight into what relevant consumers may think. What does that actually mean? We provide survey-backed research that reads cleanly, defends cleanly, and fits your strategy, timing, and budget.

What We Do (And Why It Helps)

The truth is that litigation moves on evidence, not opinions. We design and execute consumer surveys that answer the questions your case turns on:

  • Likelihood of confusion (source, affiliation, sponsorship)
  • Secondary meaning / acquired distinctiveness
  • Genericness
  • Advertising takeaways / deception
  • Association for dilution (blurring or tarnishment)

Each study is built for admissibility and usefulness. We pinpoint the people whose views count (the universe) We’ll then use controls to isolate the effect of the challenged element. Finally, we select stimuli that accurately mirror the marketplace reality. Our goal is to continuously enforce fieldwork quality to protect data integrity throughout the entire process

The result, you’ll have numbers you can explain with ease in plain English so the judge and jury understand and so you can defend effectively on cross.

Built for New York Litigation

New York matters often move fast (in a New York minute). We align scope and timelines to the relief you’re seeking whether preliminary injunction, summary judgment, or trial.

At Keegan & Donato, we’re comfortable coordinating with multiple teams. We can also manage protective materials and turn around focused declarations and exhibits so they flawlessly meet local practice expectations.

  • Need a tight pilot to pressure-test a theory?
  • A rebuttal survey to answer an opposing expert?
  • A full study with robust QC for a merits hearing?

No matter what the scenario, rest assured, we calibrate to the record you’re building.

Our Survey Approach (Plainly Stated)

  • Universe: We recruit respondents who actually buy, consider, or influence purchases in the relevant category whether it’s consumer or B2B.
  • Controls: We field a control stimulus that removes or swaps the accused element so the difference between test and control shows the true effect and not background noise.
  • Stimuli: We present what people really see on the product pages, packaging, shelf sets, search results, app screens, which are standardized for order, device, and exposure.
  • Questionnaire: Neutral wording, pretested flow, and non-leading prompts are what we focus on with questions. Open-ends confirm what respondents meant, not what we wish they meant.
  • Quality: Attention checks, time thresholds, IP/device de-duplication, and a full audit trail which includes incidence rates, screen fails, and replacements.

Reporting That Maps to the Law

Courts, whether in New York or elsewhere, don’t want jargon; they want evidence that’s presented in plain, easy-to-understand English.

We tie each finding to the legal element you must prove (or rebut) and present results with clear tables and narrative. Also, we include net figures after control. In addition, we explain design choices and their impact so judges, juries, and regulators can follow the reasoning without guessing.

If the other side submits a study, we deliver targeted critiques that show how universe errors, weak controls, biased wording, or non-marketplace stimuli affect probative value.

When to Deploy Surveys

  • Early case assessment: Pilot work to shape pleadings and negotiations.
  • Preliminary relief: Fresh data that explains current marketplace effects.
  • Merits and trial: Full studies with robust documentation and testimony.
  • Rebuttal: Focused critiques and, when appropriate, rebuttal surveys.

Need trademark litigation research consultants in New York, NY who can deliver court-ready surveys and tight, defensible reporting? Let’s discuss scope, timelines, and the record you need. Call Keegan & Donato Consulting at (914) 967-9421 or reach out online to get started.

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Using our extensive experience in conducting and critiquing consumer surveys, we design studies that avoid the methodological pitfalls often found in competing research.

40

years of combined experience

conducting and critiquing consumer survey research

Litigation Surveys & Survey Rebuttals to Help Drive Your Case Strategy Forward

Areas of Expertise