Leading trademark survey companies, such as Keegan & Donato Consulting, can assist plaintiffs and defendants in Chicago and throughout the nation with consumer research studies that provide crucial information about how consumers perceive the brands, marks and product designs at issue in intellectual property litigation.
Keegan & Donato Consulting provides nationwide service to attorneys practicing in federal and state courts, before arbitration panels, the TTAB, and other specialty venues. We have been engaged by top IP litigation firms in Chicago, such as Reed Smith LLP, SmithAmundsen LLC, and Kirkland & Ellis LLP, as well as leading firms from coast to coast.
Courts often regard consumer surveys as powerful evidence of likelihood of confusion in trademark infringement litigation and TTAB proceedings. To be considered relevant and reliable, however, surveys must be designed according to scientific and accepted research principles.
Surveys that, for example, do not sample the right universe, are based on ambiguous, leading or subjective questions, fail to accurately report the data gathered, or are otherwise not scientifically valid, can be given little weight by the court.
Principals Mark Keegan and Anthony Donato offer an extraordinary combination of experience and education in consumer-based survey research and data analysis, and follow a solid methodological foundation in survey design, execution and presentation. We can deliver intelligence quickly and within a wide range of budgets.
The firm collaborates on a wide variety of marketing and complex commercial litigation issues, including consumer research, damages analysis, forensic economic analysis, and related areas.
Mr. Keegan’s experience in formulating case strategies in complex litigation involving marketing, economics, business, and financial issues on behalf of his clients, along with Mr. Donato’s experience in research, strategy, survey design and execution, data analysis and case management, create a rare combination of strategic and analytical skills.
We are a specialty research consultancy and are members of the International Trademark Association (INTA), ESOMAR, the leading global association for market, social and opinion research, and the American Marketing Association (AMA). Mr. Keegan is also an AMA-designated Professional Certified Marketer.
In conjunction with intellectual property litigation, we design, execute, analyze, and present the results of trademark surveys, including:
- Likelihood of Confusion
- Secondary Meaning
- Acquired Distinctiveness
- Strength of Mark
- Lanham Act Claims
- Survey Critiques and Rebuttals
We utilize an industry-leading online survey software platform that facilitates the programming and execution of state-of-the-art survey designs, including complex skip logic and advanced rotation and randomization of questions, answer options, and stimuli.
Consumer studies can also be invaluable for brands who want to gauge consumer perception of products or services; assess the buying habits of a target market; test the marketplace for a new brand name, logo or concept; and a variety of other key marketing issues.
As you search for trademark survey companies to assist you with litigation in San Diego or anywhere else in the country, it is important to choose one that will meet the courts’ standards for design, execution and analysis. Get in touch with the experts at Keegan & Donato Consulting at (914) 967-9421 to find out how we can help.