Trademark survey companies such as Keegan & Donato Consulting can have a significant impact on your client’s case in Camden, NJ. We have a solution to meet your requirements, regardless of your budget.
About Keegan & Donato Consulting
Keegan & Donato Consulting is a specialty research consultancy and one of the most knowledgeable companies in IP litigation. With 30-plus years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato are experts on many topics in the area of trademarks and trade dress.
Could a Survey Help Your Case?
Good survey evidence can be compelling, but don’t expect your consumer survey to be accepted without challenge. Courts require accurate, real-world data. Poor designs and methodological flaws often result in the partial or total exclusion of survey evidence from a case.
For example, in Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. PA. May 10, 2016), plaintiff Parks claimed that the defendant’s “Park’s Finest” sausages and hot dogs infringed on its “Ball Park Franks” brand.
The Court criticized the methodological flaws in Parks’ consumer survey. It “was not probative of secondary meaning” and “was not directed at the appropriate universe of consumers.” On the other hand, Tyson Foods introduced a consumer survey that showed there was little evidence of consumer confusion between its Park’s Finest sausages and Parks brand sausages. Tyson Foods prevailed.
Issues Our Trademark Surveys Can Measure
Surveys can provide evidence of infringement and are particularly valuable for measuring many issues related to intellectual property matters.
Likelihood of confusion is a common issue that is addressed by consumer survey research. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe there is a relationship between a plaintiff’s and a defendant’s mark, product, or brand.
Secondary meaning occurs when consumers associate a mark that consists of generic words with a specific supplier of goods or services (such as Band-Aid® for adhesive bandages). This can be measured by a consumer research study and may provide a strong indication that a mark is no longer descriptive.
Acquired distinctiveness can be proved through consumer survey research. When a mark acquires distinctiveness, it can serve as a trademark because consumers have become very familiar with the mark and the brand behind it. This is usually a result of extensive advertising and widespread commercial use.
Lanham Act Issues are particularly well-suited to testing through consumer research. Bolster your case with an expertly designed survey conducted by Keegan & Donato Consulting that can provide empirical evidence on whether an alleged infringement has a real-world impact on consumers.
How We Can Help
As you evaluate trademark survey companies to support your Camden, NJ case or to assist you in contesting an allegation of infringement, consider Keegan & Donato Consulting. We quickly deliver intelligence within a wide range of budgets to help reinforce your strategy. Reach out to us today at (914) 967-9421 for more information.