As you evaluate trademark survey companies to bolster your IP litigation in Ann Arbor, MI, Keegan & Donato Consulting can advise you on the best approach for a particular survey or provide you with an objective evaluation of existing survey research.
We specialize in trademark and trade dress analyses and surveys and have designed and critiqued hundreds of methodologically sound consumer research studies in a broad range of industries for cases in federal and state court, the TTAB, the NAD, arbitration hearings, and other specialty venues.
With 30 years of experience in conducting consumer-based surveys, Keegan & Donato Consulting has collaborated with firms that manage some of the largest trademark portfolios in the world, such as Girard Gibbs LLP in San Francisco, Fox Rothschild LLP in New Jersey and Philadelphia, Hogan Lovells in Washington, DC, and Riemer & Braunstein LLP in Boston.
Keegan & Donato Consulting assists plaintiffs and defendants with trademark and trade-dress analyses and surveys, such as:
- Likelihood of Confusion: One primary function of a trademark is to prevent consumer confusion. With many brands competing for share of mind in the marketplace, some confusion is inevitable. A well-executed likelihood of confusion survey can help brand owners and their counsel assess whether consumers are indeed confused.
- Strength of Mark: If your case involves strength of mark, we can customize a survey that evaluates consumer familiarity with a brand and demonstrates the degree of consumer recognition of a mark.
- Acquired Distinctiveness: A survey can help you prove that your client’s mark has achieved acquired distinctiveness and is unlikely to confuse consumers about the origin of the goods or services associated with it.
- Dilution: A survey can help determine whether a famous mark has become identified with more than one type of product (dilution by blurring) or harmed by association with a low quality or unsavory product (dilution by tarnishment).
- False Advertising: False advertising or labeling is ideal for testing through consumer surveys. We can address the ways in which consumers interpret and misinterpret names, symbols, and other marks used in commerce.
- Trade Dress: Trade dress, like a trademark, is protectable under the Lanham Act. Conducting a consumer survey can help you gather the evidence to prove whether the trade dress in question has established secondary meaning or is likely to cause confusion in the marketplace.
- Consumer Perception: We can test consumer perception through consumer research to ascertain how consumers perceive and interpret specific claims made by a manufacturer on packaging and in other marketing communications.
Don’t overlook the influence that a sound, reliable consumer survey can have on your Ann Arbor, MI, trademark infringement case. Companies like Keegan & Donato Consulting can work within your budget to get the results you need. Reach out to us at (914) 967-9421 to learn more about our services..