If your intellectual property litigation in Charlotte calls for a trademark survey or marketing research survey, companies like Keegan & Donato Consulting have the ability to collect real-world results that provide you with a foundation for presenting fact-based evidence to support your case strategy.

Relying on a combined 25+ years of proven survey methodologies, deep operational insight and vast industry experience, principals Mark Keegan and Tony Donato provide expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants in support of trademark infringement litigation, and have collaborated extensively on cases involving business, marketing, and financial issues.

Surveys by Keegan & Donato Consulting have been accepted as evidence in matters involving likelihood of confusion, secondary meaning, strength of mark, acquired distinctiveness, consumer perception, dilution, and other Lanham Act issues in the context of trademark and trade-dress litigation.

Surveys in Trademark Litigation

When trademark infringement is alleged, consumer research surveys are often employed to convince a court that consumer confusion exists (or does not exist) between marks. These surveys provide direct evidence about consumer perceptions that can be difficult to achieve from visual comparisons and expert testimony alone.

Each of Keegan & Donato’s surveys consists of a sampling plan, a set of questions, and a method of administering the questions. Each aspect is designed according to scientific and accepted research practice. Deciding on a survey population that reasonably represents the customers at issue in the case is a key component.

The firm adheres to survey design, execution and presentation best practices.  Our state-of-the-art surveys feature:

• Classic and custom survey designs
• Ability to target specific populations
• Balanced, representative panels
• Hundreds of question types and formats
• Advanced question rotation and randomization
• Customizable complex skip and display logic
• Real-time results
• Advanced screening capabilities
• Audio, video and image capabilities
• Graphic design capabilities

Keegan & Donato has assisted firms across the nation develop effective case strategies, including Ropes & Gray LLP (Washington, DC), Debevoise & Plimpton LLP (New York City), Giampolo Law Group (Philadelphia), and Irell & Manella LLP (Los Angeles).

Surveys designed by our firm have been admitted into evidence in federal and state courts, at arbitration, and to the TTAB, the NAB, and other specialty venues, and Mr. Keegan and Mr. Donato have testified extensively at deposition and at trial.

We can provide you with technical and strategic advice; help you analyze the economic, financial and/or technical complexities of your case; help you determine suitable deposition questions to ask; help you prepare a testifying expert for deposition and trial; or critique the potential weaknesses in an adversary’s survey evidence in a rebuttal report.

The expert services of trademark survey companies like Keegan & Donato Consulting can have a significant impact on your client’s case in Charlotte and elsewhere in the nation. No matter your budget or your needs, contact us today at (914) 967-9421 to take advantage of our training, expertise, and data-gathering capabilities.