Trademark survey companies like Keegan & Donato Consulting can provide analysis of the facts of your trademark infringement case in Cincinnati, as well as the expertise you need to develop a robust case strategy.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced companies in trademark litigation.
With over 30 years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato provide expert research, expert reports, and testimony on behalf of plaintiffs and defendants in support of trademark infringement litigation.
What Can Be Measured by a Trademark Survey
One of the primary purposes of a trademark is to prevent consumer confusion. When too similar, marks may confuse consumers into purchasing unwanted brands, damage or dilute a brand’s reputation, or allow competitors to benefit from the established reputation of another brand.
Trademarks can be similar in appearance, sound, and meaning. Similarity is determined by whether the relevant consuming public is likely to be confused by the second mark. The greater the similarity between two marks, the greater the chances confusion will occur between them, and the greater the chances of infringement.
Trademark surveys can be instrumental in your attempt to measure issues related to intellectual property matters and provide evidence of infringement.
Likelihood of confusion is a common issue 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 the plaintiff’s and the defendant’s mark, brand, or product.
Secondary meaning occurs when consumers associate an otherwise descriptive mark with a single source. It can be measured through a consumer research study. It may provide a strong indication that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
Dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness. Consumer recognition of a famous mark can be measured directly by a survey.
Acquired distinctiveness can be measured with consumer survey research. When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This typically happens as a result of extensive advertising and widespread commercial use.
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 confuse the marketplace.
Expert Witness Testimony
You may need an expert when the facts and issues of your case are not easily understood or when a court would benefit from empirical evidence related to matters related to the case. Mr. Keegan and Mr. Donato have testimony experience as expert witnesses in many high-profile cases involving consumer behavior and trademark infringement.
Take advantage of the extraordinary expertise of trademark companies like Keegan & Donato Consulting for your Cincinnati litigation. Call us today at (914) 967-9421. We can deliver intelligence quickly and within a wide range of budgets.