If trademark similarity is an issue in your case and you believe a survey could bolster your case, hire a consumer research firm like Keegan & Donato Consulting that has the qualifications and expertise necessary to quickly deliver intelligence within a wide range of budgets.
Keegan & Donato Consulting is a highly experienced specialty research consultancy in the field of trademark litigation. We utilize proven survey designs in addition to innovative custom designs to meet our clients’ needs.
Our methodologically sound surveys will provide persuasive evidence of consumer perceptions of the products and brands at issue and will stand up to judicial scrutiny.
We have partnered with leading IP litigators throughout the country, including LeClairRyan in Los Angeles, Stanley, Mandel & Iola LLP in San Diego, Riemer & Braunstein LLP in Boston, Kirkland & Ellis LLP in Chicago, and Lieff Cabraser Heimann & Bernstein LLP in New York City.
Trademark Similarity and Confusion
One of the main objectives of a trademark is to prevent consumer confusion. When too similar, the marks may confuse consumers into purchasing unwanted brands, damage or dilute a brand’s reputation, or allow competitors to benefit from the established reputation of another brand.
Trademarks can be similar in appearance, sound, and meaning. Similarity is determined by whether the relevant consuming public is likely to be confused by the second mark. The more similarity between two marks, the more likely there will be confusion between them, and the more likely infringement can take place.
The most common trademark litigation issue that clients contact Keegan & Donato Consulting about is “likelihood of confusion.” We have conducted and critiqued hundreds of likelihood of confusion studies across industries ranging from designer apparel to high-end audio products and everything in between.
A likelihood of confusion survey addresses the issue of consumer confusion from a scientific perspective, providing empirical data regarding the extent to which consumers believe that certain brands at issue emanate from the same source or are somehow related.
It is this understanding of how consumers view the relationship between brands that forms the basis of our likelihood of confusion analyses. 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.
Because every case is unique, Keegan & Donato Consulting works with each client to understand the fundamental issues of their cases in order to maximize the value of the survey evidence to the overall case strategy.
Keegan & Donato Consulting can advise you on the best approach for your trademark similarity or other infringement survey or assist you in rebutting the credibility of an opposing expert’s work in the context of your litigation.
Get in touch with us today at (914) 967-9421 to find out how we can help.