Does your IP litigation in Connecticut call for a trademark survey? Companies like Keegan & Donato Consulting can collect real-world results that provide you with a foundation for presenting fact-based evidence to support your case strategy.
Principals Mark Keegan and Tony Donato have more than 30 years of combined experience and education in consumer-based survey research and data analysis. We follow a solid methodological foundation in survey design, execution, and presentation, including:
- appropriate universe selection and sampling frame
- inclusion of representative, qualified respondents
- rigorous and valid design that proves the relevant issues in the case
- procedures to minimize potential biases in data collection
- use of objective, unambiguous and non-leading questions
Keegan & Donato Consulting has developed surveys for and provided expert rebuttal testimony on behalf of firms that manage some of the largest trademark portfolios in the world, such as Debevoise & Plimpton LLP, Day Pitney LLP, Kaye Scholer LLP, Duane Morris LLP, and Lieff Cabraser Heimann & Bernstein LLP.
The firm specializes in a wide range of trademark and trade-dress analyses and surveys, such as:
- Likelihood of Confusion Surveys –We measure likelihood of confusion through classic survey designs and innovative custom surveys that meet our clients’ needs. Keegan & Donato Consulting has conducted hundreds of likelihood of confusion studies to ascertain whether consumers are confused by a party’s use of a contested mark.
- Secondary Meaning Surveys – Proving secondary meaning can be a critical step in trademark litigation. We can design a consumer research survey to target relevant consumers in your client’s market and determine the extent to which they associate a contested mark with single or multiple sources.
- Strength of Mark Surveys – Trademark law protects distinctive marks, and the levels of legal protection are directly linked to the strength of the mark. If your case involves strength of mark, consider a survey that measures measure the level of consumer recognition of a mark or brand.
- Lanham Act Surveys –A well-designed survey conducted by Keegan & Donato Consulting can strengthen your Lanham Act case by providing empirical evidence on the issue of whether an alleged infringement is having a real-world impact on consumers.
- Acquired Distinctiveness Surveys– Consumer research studies can help determine whether consumers associate a mark with a specific product and whether it has acquired sufficient distinctiveness to avoid causing confusion about the origin of goods or services associated with it.
Rebuttals & Critiques
Keegan & Donato Consulting also has extensive experience in rebutting surveys submitted by opposing experts covering a wide range of issues. If you are confronted with a research study that may not have been designed or executed correctly, we can identify small and large methodological flaws and provide expert analysis for rebuttal.
When your litigation in Connecticut calls for a trademark survey, consider the capabilities of companies like Keegan & Donato Consulting, and take advantage of our training, expertise, and data-gathering capabilities. Get in touch with Keegan & Donato Consulting at (914) 967-9421 to learn more.