If you are located in New Orleans, LA, and are seeking trademark survey companies that are qualified to provide litigation support to bolster your case strategy, you will benefit from the extraordinary expertise of Keegan & Donato Consulting.
The firm specializes in a wide range of trademark and trade dress analyses and surveys. We have designed and critiqued 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.
We have developed surveys for and collaborated with firms that manage some of the largest trademark portfolios in the world, such as Fox Rothschild LLP in New Jersey and Philadelphia, Arnold & Porter LLP in San Francisco, and Morgan, Lewis & Bockius LLP in Boston. Our litigation surveys have been accepted as evidence in matters involving a broad range of products and services.
Our Survey Specialties
Surveys can be used to test a wide variety of Lanham Act claims. And, while survey evidence is not required in order to prevail on a claim of trademark infringement, courts often give such evidence substantial weight
Keegan & Donato Consulting’s capabilities include state-of-the art survey designs that are probative of the relevant issues in each case, are capable of targeting specific consumer populations with appropriate universe selection and sampling frames, and feature cutting-edge rotation and randomization of hundreds of question types with customizable complex skip and display logic when appropriate.
Likelihood of Confusion: The primary purpose of a trademark is to identify the origin of goods or services and prevent consumer confusion. With an increasing number of brands competing for share of mind in the marketplace, some confusion is inevitable. A well-executed survey can help brand owners evaluate whether consumers are indeed confused. Keegan & Donato Consulting measures likelihood of confusion with both standard survey designs and innovative custom surveys.
Secondary Meaning: Descriptive marks are not ordinarily protectable as trademarks unless they have acquired a secondary meaning. We can design a consumer research survey to target relevant consumers in your client’s market and help you determine the extent to which consumers associate a contested mark with one or more sources.
Dilution: Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness. Consumer recognition of a famous mark can be measured directly by a survey.
Trade Dress: Trade dress, like a trademark, is protectable under the Lanham Act. Conducting a consumer survey can help you gather the evidence to prove whether the trade dress in question has established secondary meaning or is likely to cause confusion in the marketplace.
As one of the top trademark survey companies, we are confident that attorneys in New Orleans, LA will find our extensive knowledge of intellectual property issues appropriate for meeting the courts’ standards. Get in touch with Keegan & Donato Consulting today at (914) 967-9421 to find out more about our wide range of affordable services.