If you are seeking trademark survey companies with a combination of strategic and analytical skills that can provide analysis that will help strengthen your case in Fort Lauderdale, look no further than Keegan & Donato Consulting.
We are a specialty research consultancy and one of the most experienced companies in the field of trademark litigation. With over 25 years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato have expertise on many topics in the areas of trademark and trade dress, including:
- Likelihood of Confusion Analysis & Surveys
- Strength of Mark Analysis & Surveys
- Secondary Meaning Analysis & Surveys
- Lanham Act Analysis & Surveys
- Trade Dress Analysis & Surveys
- False & Deceptive Advertising Surveys
- Consumer Perception Analysis & Surveys
- Consumer Understanding Studies
- Marketing, Damages & Forensic Economic Analyses
- Expert Witness Testimony
- Critique of Opposing Experts’ Studies & Reports
- Deposition & Trial Questioning Advice
Why You Need a Survey Expert
When confronted with poorly designed, unscientific surveys, judicial opinions can be harsh and the evidence may be given little weight by the court or partially or completed excluded.
In Black & Decker Corp. v. Positec USA Inc., 1:11-cv-5426, Dist. Court, N.D. Illinois, Eastern Division (2017), for example, flawed survey evidence caused the Court to toss out an earlier jury verdict and a $53.9 million award and order a new trial.
The Court determined that the likelihood of confusion survey proffered by the Plaintiff was “so informally designed and conducted that it fails key tests of professionalism and reliability” and should have been excluded from trial.
“Even if … the survey was not the sole evidence on likelihood of confusion in the trial record, it was the linchpin of Plaintiffs’ case on likelihood of confusion— an issue that was hotly contested at trial. Given that Plaintiffs presented no evidence that any consumers were actually confused about the origin of Defendants’ goods, there is a high probability that [the expert’s] flawed testimony unfairly influenced the jury’s verdict… and admission of the survey and [the expert’s] testimony about the survey was fundamentally unfair to Defendants.”
Result like these mean that it’s extremely important to hire qualified survey experts, such as Keegan & Donato Consulting, for your litigation. Our methodologically sound consumer research studies and expert testimony will meet the courts’ standards for design, execution, and analysis and can serve as powerful evidence in your trademark infringement case.
Keegan & Donato Consulting has assisted IP litigation firms across the nation develop effective case strategies, such as Debevoise & Plimpton LLP in New York City, Ropes & Gray LLP in Washington, DC, Pashman Stein in New Jersey, Giampolo Law Group in Philadelphia, and Blood Hurst & O’Reardon LLP in San Diego.
Trademark survey companies can help you learn more about the importance of consumer research studies in your Fort Lauderdale trademark litigation. Call Keegan & Donato Consulting at (914) 967-9421. We will help you design a reliable, methodologically sound consumer survey to support your case.