The expertise of trademark survey companies like Keegan & Donato Consulting can have a substantial impact on your client’s case in Minnesota. No matter your budget or needs, we can help you develop a powerful case or rebuttal strategy.
About the Firm
Keegan & Donato Consulting is located in beautiful Rye, New York, and serves clients across the nation. We work on behalf of both plaintiffs and defendants to provide research, analysis, affidavits, declarations, expert reports, and rebuttal reports as needed in support of trademark infringement and trade-dress litigation, and have collaborated extensively on cases involving marketing, business and financial issues.
Survey evidence can be a persuasive component of your overall case strategy, but it is crucial to employ experienced survey experts, such as Keegan & Donato Consulting, who can document and support the choice of questions, select the right universe and sample, minimize the appearance of bias, and accurately report the data gathered. Our specialties include:
- Likelihood of Confusion – We measure likelihood of confusion through accepted survey designs and by crafting innovative custom surveys to ascertain whether or not consumers are confused by a party’s use of a contested mark.
- Secondary Meaning – We can help to strengthen your case strategy by designing a study to target relevant consumers in your client’s market and find out how they perceive your client’s brand.
- Strength of Mark – In cases that involve strength of mark, a survey can measure consumer reaction to the mark and demonstrate the level of consumer recognition. Consumer surveys can be valuable in determining the extent to which consumers are familiar with a brand.
- Acquired Distinctiveness – Consumer research data can assist in proving that your client’s mark has achieved acquired distinctiveness and is not likely to cause confusion about the origin of goods or services associated with the mark.
- Dilution – Consumer recognition of a famous mark can be measured directly by a survey. Because there are a variety of approaches to substantiating a claim of dilution, we work closely with clients to understand the fundamental issues of their unique cases.
- False Advertising – Issues raised in the Lanham Act, such as misleading advertising or labeling, are particularly well-suited to testing through consumer research by addressing the ways in which consumers interpret—and misinterpret—names, symbols, and other marks used by businesses in commerce.
Rebuttals & Critiques
With an unparalleled knowledge of the science and methodology behind consumer research surveys, Keegan & Donato Consulting also has the ability to identify flaws and weaknesses in a survey that may not be apparent to an untrained eye, but may help you refute the credibility of an expert’s work.
When you are confronted during litigation with a research study that you don’t believe was designed or executed properly, we can identify small and large methodological flaws and provide expert analysis for rebuttal.
If you are located in Minnesota and looking for trademark survey companies to provide research, analysis, affidavits, declarations and expert reports in support of litigation, Keegan & Donato Consulting can help. Get in touch with us at (914) 967-9421 to learn more.