Trademark survey companies like Keegan & Donato Consulting can be instrumental in your attempt to measure issues related to IP matters and provide evidence of infringement that strengthens your client’s case in Kansas City, MO.
Our firm is a specialty research consultancy and a leader in trademark litigation. Relying on more than 30 combined years of proven survey methodologies, deep operational insight, and vast industry expertise, principals Mark Keegan and Tony Donato provide expert research, analysis, affidavits, and reports on behalf of plaintiffs and defendants and have collaborated on cases involving on financial issues, business, and marketing.
We belong to the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), the Association for Consumer Research (ACR), and ESOMAR, the leading global association for market, social and opinion researchers. The firm is also Qualtrics certified.
Keegan & Donato Consulting can help you resolve your litigation challenges with actionable insight gained from consumer research studies that are designed by skilled experts who can quickly deliver intelligence within a wide range of budgets.
Our firm designs, executes, analyzes, and presents the results of consumer surveys in areas such as:
- Likelihood of Confusion
- Strength of Mark
- Secondary Meaning
- Acquired Distinctiveness
- Lanham Act Claims
- Consumer Perception
We have helped develop effective strategies for firms across the nation, such as Blood Hurst & O’Reardon LLP in San Diego, Ropes & Gray LLP in Washington, DC, Debevoise & Plimpton LLP in New York City, and Giampolo Law Group in Philadelphia.
How a Flawed Survey Could Damage Your Case
Hiring qualified survey experts will help prevent the results of your trademark survey from being attacked.
For example, in Cumberland Packing Corp. v. Monsanto Co., 140 F.Supp.2d 241 – Dist. Court, E.D. New York (2001), “the court determined that the results of the [plaintiff’s] surveys were unreliable because of serious flaws in the protocol and methodology,” and decided in the defendant’s favor.
In Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), the plaintiff’s surveys were deemed inadmissible because the court determined them to be poorly constructed and unscientific. The survey expert was also rejected as not qualified “to design a survey or interpret survey results” [see 45 F.Supp.3d 1167-1170].
Expert Witness Testimony
When the facts and issues of your case are complex and difficult to understand or when a court would benefit from empirical evidence related to matters in your case, you may need an expert. Mr. Keegan and Mr. Donato have expert witness testimony experience in a number of high-profile cases that involved trademark infringement and consumer behavior.
Rebuttal and Critique
We also have wide-ranging experience in rebutting surveys submitted by opposing experts. If you are confronted with a consumer research study that you are not sure was properly designed or executed, we can identify small and large methodological flaws and provide expert analysis for rebuttal in high-stakes IP disputes.
Trademark survey companies like Keegan & Donato Consulting offer a unique combination of strategic and analytical skills related to the use of surveys in trademark litigation. Contact us at (914) 967-9421 to utilize our extensive knowledge and expertise.