When you are engaged in trademark infringement litigation in Dallas, consumer survey companies, such as Keegan & Donato Consulting, can help you provide evidence as to whether an alleged infringement is having an impact on consumers.
Keegan & Donato Consulting has extensive experience conducting surveys to test a wide variety of Lanham Act claims, including likelihood of confusion, dilution, false designation of origin, trade dress infringement, dilution, and a wide range of other issues. We have designed and executed hundreds of studies across a wide range of industries, and principals Mark Keegan and Anthony Donato also have extensive testimony experience.
We have been engaged by leading IP litigators across the nation, including Debevoise & Plimpton LLP in New York, Morgan, Lewis & Bockius LLP in Washington, DC, Blood Hurst & O’Reardon LLP in San Diego, and Reed Smith LLP in Chicago, and provide service to attorneys practicing in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues.
Trademark Surveys and the Lanham Act
Under the Lanham Act, trademark owners who claim infringement and unfair competition are generally required to establish two elements: (1) that the defendant used the registered mark in commerce; and (2) that the use is likely to cause consumer confusion.
Trademark surveys are capable of providing persuasive evidence of consumer perceptions of the products and brands at issue. However, they are typically not accepted without challenge. Courts demand accurate, real-world data. A survey that is not based on sound methodology may be given little weight or excluded in its entirety.
The real-world results collected by Keegan & Donato Consulting have provided our clients a foundation for presenting fact-based evidence in support of their positions. We work closely with clients to understand the key issues driving their cases. This enables us to maximize the value of the survey evidence to their overall case strategies.
Our state-of-the art survey designs employ both classic survey designs and innovative custom survey designs to meet our clients’ needs. Our education and combined 25 years of experience has provided us the tools to design methodologically sound surveys following these (and other) established principles:
- Appropriate universe selection and sampling frame;
- Inclusion of representative, qualified respondents;
- Rigorous and valid survey design that is probative of the relevant issues in the case;
- Use of objective, non-leading questions;
- Use of procedures to minimize potential biases in data collection;
- Use of procedures to reduce guessing among respondents; and
- Full analysis and reporting of survey data.
Keegan & Donato Consulting obtains survey samples from prominent marketing research companies that are top providers of survey sample in the U.S. and that maintain multi-million member online consumer panels. Our goal is to obtain high quality information that is a representative sample of the targeted population.
In addition to designing and executing our own consumer surveys, Keegan & Donato Consulting is often engaged to critique consumer research studies submitted by opposing experts. We have reviewed and rebutted hundreds of consumer surveys conducted in conjunction with litigation.
As you evaluate trademark survey companies to either bolster your Dallas case or rebut an allegation of infringement, consider Keegan & Donato Consulting. Get in touch today at (914) 967-9421 to discuss your needs.