Trademark survey companies like Keegan & Donato Consulting can help ensure that the evidence you introduce in your Memphis case will hold up to scrutiny from courts and opposing experts.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced firms in the field of trademark litigation. Principals Mark Keegan and Tony Donato offer clients more than 25 years of combined experience and impeccable credentials in consumer-based survey research and data analysis, and follow a solid methodological foundation in survey design, execution and presentation.
Mr. Keegan and Mr. Donato have substantial testimony experience as expert witnesses in a number of high-profile cases involving consumer behavior and trademark infringement. They have served as experts on behalf of plaintiffs and defendants, in support of litigation in state and federal courts, the Trademark Trial and Appeal Board (TTAB), the NAB, at arbitration, and at other specialty venues.
What Can a Trademark Survey Measure?
Surveys can be very useful in attempting to measure a number of issues related to intellectual property matters and provide evidence of infringement.
A common issue addressed by consumer survey research is likelihood of confusion. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe there is a relationship between the plaintiff’s and the defendant’s marks, brands, or products.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, can be measured by means of a consumer research study, and may provide a strong indication that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
Acquired distinctiveness can be measured with consumer survey research. When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and widespread commercial use.
Lanham Act Claims – Lanham Act issues are particularly well-suited to testing through consumer research. Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.
Methodologically sound consumer research studies and expert testimony from Keegan & Donato Consulting will meet the courts’ standards for design, execution and analysis and can serve as powerful evidence in your case.
How We Can Help
Selecting the right type of survey for a case requires skill and experience. Keegan & Donato Consulting approaches survey design on a case-by-case basis in view of the fact that each case is unique. We work closely with clients to understand and appreciate the fundamental issues driving the case, and work to maximize the value of the research evidence to the overall case strategy.
When you need trademark survey companies with a combination of strategic and analytical skills who can assist you with your trademark infringement litigation in Memphis, Keegan & Donato Consulting can help. Contact us at (914) 967-9421 to learn more.