Trademark survey companies such as Keegan & Donato Consulting offer the expertise you need to develop a powerful strategy for your case in Framingham, MA.
Who is Keegan & Donato?
Keegan & Donato Consulting, one of the most experienced companies in the field of trademark litigation, is a specialty research consultancy that designs and executes consumer-based surveys for attorneys across the nation and their clients in the context of IP disputes.
Our specialties include the following:
- Likelihood of Confusion Analysis & Surveys
- Strength of Mark Analysis & Surveys
- Secondary Meaning Analysis & Surveys
- Lanham Act Analysis & Surveys
- Trade Dress Analysis & Surveys
- Consumer Understanding Studies
- Consumer Perception Analysis & Surveys
- Marketing, damages, and forensic economic analyses
- Critique of opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
- Expert Witness Testimony
We have been engaged by leading IP litigation firms from coast to coast, such as Day Pitney LLP in New York City, Arent Fox in Washington, DC, Giampolo Law Group in Philadelphia, and Girard Gibbs LLP in San Francisco to help them navigate the trademark infringement cases their clients face.
Why Expert Advice is Valuable
Expert advice is essential for several reasons, such as making the most of discovery, framing discovery requests, and identifying issues in depositions to investigate.
Through survey evidence, an expert can often help establish whether a competing mark is likely to confuse consumers, whether or not a mark is famous, whether a descriptive mark has acquired secondary meaning, and whether one brand’s mark is likely to dilute a competing mark.
Nothing in the Lanham Act requires the introduction of a survey in disputes. Still, a consumer survey can serve as persuasive evidence of whether an advertisement or trademark will likely cause consumers to be misled. However, consumer surveys must be well-designed and scientifically sound, or they may be given little weight by the court or partially or entirely excluded.
In Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), for example, the court deemed the plaintiff’s surveys inadmissible after determining them to be unscientific and poorly constructed. The court also rejected the survey expert as unqualified “to design a survey or to interpret survey results” [see 45 F.Supp.3d 1167-1170].
In Dardenne v. MoveOn.org, Civil Action No. 14-00150-SDD-SCR, Dist. Court, M.D. Louisiana (2014), the court placed “little weight on the (plaintiff’s) survey results for the reason that the survey’s methodology was fundamentally flawed in both its sampling and the questions employed.”
Hiring qualified survey experts, such as Keegan & Donato Consulting, will significantly affect whether the court deems your survey results admissible. We consider methodological design among the most critical aspects of designing a consumer research study.
As you research experienced trademark survey companies in Framingham, MA, contact Keegan & Donato Consulting at (914) 967-9421. We will be happy to answer any questions you may have and work within your budget to deliver the survey evidence you need.