Trademark cases are complex and frequently decided based on the quality of the evidence presented. Trademark survey companies, such as Keegan & Donato Consulting, can help you meet the courts’ standards for design, execution and analysis and bolster your Nashville case.
Keegan & Donato Consulting has conducted hundreds of consumer research studies across a broad range of industries for cases in federal court, state court, the TTAB, the NAD, arbitration hearings, and other specialty venues, and will:
- execute surveys with rigorous methodological principles
- document and support the choice of survey questions and sample method
- minimize the possibility of bias
- carefully analyze the data gathered
- support the results with knowledgeable, reliable expert testimony
Why Survey Methodology is Crucial
Courts take great care to verify whether the survey design or methodology was flawed in any way. Issues surrounding sample selection, bias, or suggestive wording may cause a judge to discount all or part of a survey, or to reject a survey expert altogether.
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, CIV. A. 14-00150-SDD, 2014 WL 1364854, the court placed “little weight on the survey results for the reason that the survey’s methodology was fundamentally flawed in both its sampling and the questions employed.”
Decisions like these illustrate the importance of choosing qualified survey experts who rely upon proven survey methodologies and deep operational insight, and who will be able to withstand cross-examination and explain their survey methodology in a clear and concise manner.
Why Choose Keegan & Donato Consulting
Principals Mark Keegan and Tony Donato offer a combined 25-plus years of industry experience. They have provided expert research, analysis, affidavits and reports on behalf of hundreds of plaintiffs and defendants in support of trademark infringement litigation, and have collaborated extensively on cases involving business, marketing, and financial issues.
We provide surveys, expert reports, and testimony in trademark/trade-dress litigation, testimony at deposition and/or trial, and consulting on litigation strategy for both plaintiff and defendant clients, and have worked with leading IP litigators across the nation, such as SmithAmundsen LLC in Chicago, Notaro, Michalos & Zaccaria PC in New Jersey, Ropes & Gray LLP in Washington, DC, and Blood Hurst & O’Reardon LLP in San Diego, in matters involving a broad range of products and services.
Keegan & Donato Consulting can provide you with technical and strategic advice; help you analyze the economic, financial and/or technical complexities of your case; help you determine suitable deposition questions to ask; help you prepare a testifying expert for deposition and trial; or critique the potential weaknesses in an adversary’s survey evidence in a rebuttal report.
As you look for trademark survey companies for your Nashville litigation, consider Keegan & Donato Consulting. We will work within your budget to deliver the assistance you need. Get in touch with us today at (914) 967-9421.