As you evaluate trademark survey companies to help contest an allegation of infringement and bolster your case in Manchester, NH, consider a prominent firm such as Keegan & Donato Consulting.
Keegan & Donato Consulting provides nationwide trademark litigation services and collaborates with plaintiffs and defendants on a wide variety of marketing and complex commercial litigation issues, including consumer research, damages analysis, forensic economic analysis, and related areas.
Trademark surveys are a common approach toward proving likelihood of confusion, strength of mark, secondary meaning, consumer perception, genericness, and other issues, when other scientific evidence is simply not available.
How a Survey Expert Can Help
Trial judges closely scrutinize all proffered expert testimony and deny admittance to any that is not shown by its proponent to be relevant, reliable and methodologically sound. Hiring qualified survey experts will help prevent your survey from coming under attack.
For example, in Troublé v. Wet Seal, Inc., 179 F.Supp.2d 291 – Dist. Court, S.D. New York (2001), the court excluded the survey results offered by the defendant in their entirety. “Given the lack of a proper universe and sample, the poor choice of location, the lack of proper stimuli, and questions that have little or no relevance to issues in the case, the Court finds that the prejudicial effect of [defendant’s] survey substantially outweighs its probative value.”
Rule 702 of the Federal Rules of Evidence provides that, “A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.”
The principals of Keegan & Donato Consulting – Mark Keegan and Tony Donato – have more than 25 combined years of experience in designing, executing and critiquing consumer research studies in the context of litigation, and offer a combination of strategic and analytical skills.
We consider methodological design among the most crucial aspects of designing a consumer research study. Our methodologically sound consumer surveys and skillful, objective analysis will ensure the admissibility and persuasiveness of the results and help you develop a powerful case or rebuttal strategy.
The firm has completed hundreds of consumer research surveys that have been admitted into evidence in state and federal courts, at arbitration, the TTAB, the NAD and other venues. We also have extensive testimony experience.
When you need a highly qualified trademark survey company for IP litigation in Manchester, NH, call (914) 967-9421, or contact us here to find out how Keegan & Donato Consulting can deliver intelligence quickly within a wide range of budgets.
Learn more about our services:
Likelihood of confusion
Strength of mark
Lanham Act claims