Trademark survey companies can help you understand the importance of consumer research studies in your trademark litigation in Nassau, NY. We provide independent and reliable survey solutions on behalf of plaintiffs and defendants
Keegan & Donato Consulting is a specialty research consultancy located in beautiful Rye, New York and is amont the most experienced companies in trademark litigation. With over 30 years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato have expertise on many topics in the areas of trademark and trade dress, including:
- Likelihood of Confusion Analysis & Surveys
- Strength of Mark Analysis & Surveys
- Secondary Meaning Analysis & Surveys
- Lanham Act Analysis & Surveys
- Trade Dress Analysis & Surveys
- False & Deceptive Advertising Surveys
- Consumer Perception Analysis & Surveys
- Consumer Understanding Studies
- Marketing, Damages & Forensic Economic Analyses
- Expert Witness Testimony
- Critique of Opposing Experts’ Studies & Reports
- Deposition & Trial Questioning Advice
Why Hire Qualified Survey Experts?
Survey evidence can be a persuasive component of your overall case strategy but continues to receive the critical attention of the courts and may be given little weight or excluded from evidence if poorly designed.
To demonstrate the importance of hiring qualified survey experts to support your case, consider Valador, Inc v. HTC Corporation, Case No. 1:16-cv-1162, Dist. Court, E.D. Virginia (2017).
The plaintiff in this trademark dispute, Valador, alleged that the defendants infringed on its registered mark, “VIVE,” used in connection with the sale of its software, with a headset the defendants called the “HTC Vive.”
The plaintiff hired an expert to conduct a survey to support its likelihood of confusion claim. The defendants filed a motion to exclude the survey testimony because the expert was unqualified and used unreliable survey methods and principles to reach his conclusions.
The court granted the defendant’s motion and determined that the plaintiff’s expert “was not qualified to design a survey or interpret survey results” because he “lacked the necessary experience with trademark infringement claims.”
The survey results were deemed inadmissible because they “(1) failed to evaluate the proper universe of respondents, (2) did not replicate market conditions, (3) neglected to use a control group, (4) eschewed the recognized methodologies for conducting trademark confusion surveys, and (5) asked improperly leading questions. These fundamental flaws, taken together, render the survey so unreliable as to be inadmissible.”
Are Trademark Surveys Expensive?
Keegan & Donato Consulting’s consumer surveys are custom-designed to meet your unique case needs. This may involve targeting specialized populations of respondents and developing unique designs to address the specific issues of importance in the case, factors that affect the time and level of difficulty of executing a study, and its overall cost.
The majority of our consumer studies cost from $30,000 to $80,000 to complete, while $55,000 is the most typical cost. We work on a fixed rate or hourly basis and will work with you to design a survey that is both reliable and within your budget.
Experienced consumer survey companies like Keegan & Donato Consulting can provide you with a reliable and defensible consumer research study that can help bolster your case in Nassau, NY. Our surveys are conducted with meticulous attention to industry best practices for methodology and implementation. Call us today at (914) 967-9421 to find out how we can help.