Trademark survey companies like Keegan & Donato Consulting can be indispensable in your attempt to provide evidence of infringement that will strengthen your client’s case in Birmingham, AL.
Keegan & Donato Consulting provides service to attorneys practicing in federal and state courts, in front of arbitration panels, the TTAB, the NAD, and in other specialty venues. Principals Mark Keegan and Tony Donato offer clients more than 30 combined years of proven survey methodologies, deep operational insight, and broad industry experience.
- execute surveys with rigorous methodological principles
- document and support our choice of survey questions and sample methods
- minimize the possibility of bias
- carefully analyze the data
- support the results with knowledgeable, reliable expert testimony
Our exceptional team will provide you with technical and strategic advice; help you analyze the economic complexities of your case; help you decide on appropriate deposition questions to ask; assist you with preparing a testifying expert for deposition and trial, or critique the potential weaknesses in your adversary’s survey evidence in a rebuttal report.
What Trademark Surveys Can Measure
Surveys can be instrumental in providing evidence of infringement and measuring many issues related to intellectual property matters.
Likelihood of confusion is a common issue that can be addressed by consumer survey research. A well-designed survey can provide direct scientific evidence of how extensively consumers believe a relationship exists between the plaintiff’s and the defendant’s mark, brand, or product.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, can be measured through a consumer research study and may be a strong indication that a mark is no longer descriptive and is now a distinct identifier of a brand in consumers’ minds.
Acquired distinctiveness can be measured with a consumer survey. When a mark reaches distinctiveness, it can serve as a trademark because consumers associate it with a particular source of goods and services. This typically happens as a result of extensive advertising and widespread commercial use.
Lanham Act Claims – Lanham Act issues are well-suited to testing through consumer surveys. Strengthen your case with a well-designed study conducted by Keegan & Donato Consulting, which can provide empirical evidence on whether an alleged infringement is having a real-world influence on consumers.
Expert Witness Testimony
You may need an expert if the facts and issues of your case are complex and hard to understand or when a court would benefit from empirical evidence related to matters in your case. Mr. Keegan and Mr. Donato have experience as expert witnesses in many high-profile cases that involved consumer behavior and trademark infringement.
Rebuttal and Critique
We also have comprehensive experience in disputing surveys submitted by opposing experts. If you are confronted with a trademark survey that you don’t believe was designed or executed correctly, we can identify small and large methodological flaws and provide expert analysis for rebuttal in high-stakes IP disputes.
Hiring qualified trademark survey companies like Keegan & Donato Consulting for your litigation in Birmingham, AL, will help ensure that your survey evidence will stand up to judicial scrutiny. Get in touch with us at (914) 967-9421 to learn more about our approach and affordable services.