Trademark infringement is on the rise. If you are evaluating trademark survey companies to assist with your IP litigation in New Haven, CT, consider Keegan & Donato Consulting. We will help ensure that the evidence you introduce in your case will hold up to scrutiny from courts and opposing experts.
Keegan & Donato Consulting is a specialty research consultancy and a leading firm in the field of trademark litigation. We provide expert research, analysis, affidavits, and reports on behalf of plaintiffs and defendants to attorneys practicing in state and federal courts, before arbitration panels, the Trademark Trial and Appeal Board (TTAB), NAD, and other specialty venues.
Our services include these and other areas:
- State-of-the-art design and execution of trademark litigation surveys, including likelihood of confusion, secondary meaning, strength of mark, acquired distinctiveness, Lanham Act claims, and others
- Full-service data gathering and reporting capabilities
- Damages analysis and forensic economic analysis
- Pilot studies and exploratory research
- Collaboration on complex commercial litigation issues
- Critique and rebuttal of opposing experts’ studies and reports
- Advice on questioning of opposing experts in deposition and at trial
- Expert witness testimony on consumer surveys, marketing & economic issues
How a Consumer Survey May Help
Since direct evidence of actual consumer confusion is rarely available, courts consider surveys as strong circumstantial evidence when assessing whether trademark or trade dress infringement has occurred.
Many consumer surveys, however, are found by the courts to contain significant methodological flaws, such as the following, that can reduce or destroy the credibility of the survey.
- leading, suggestive, or ambiguous questions
- under-inclusive or over-inclusive sampling of the consumer universe
- sampling from the wrong geographic area
For this reason, employing experts like Keegan & Donato Consulting is essential. Our careful application of methodologically sound guidelines in survey design, execution, and analysis increases their accuracy and improves their chances of being accepted by courts.
Our Survey Methodology
The consumer surveys we design and conduct consist of objective, non-leading questions directed to an appropriate universe of consumers.
Our state-of-the-art survey designs are probative of the relevant issues in each case. They can target specific consumer populations with appropriate universe selection and sampling frames, as well as cutting-edge rotation and randomization of hundreds of question types with customizable skip and display logic when applicable.
Expert Witness Testimony
When you need an expert to explain facts and issues of your case that are not easily understood, or when a Court would benefit from empirical evidence of issues relevant to the case, Mr. Keegan and Mr. Donato also serve as expert witnesses in many high-profile cases involving consumer behavior and trademark infringement.
For trademark survey companies in New Haven, CT, get in touch with Keegan & Donato Consulting at (914) 967-9421. We can help you prove or disprove infringement in support of your case. Our team can work on a fixed-rate or hourly basis based on the client’s needs and will help you design a methodologically sound consumer study.