Many of the top IP litigation firms in New York and throughout the nation have relied upon Keegan & Donato Consulting to design and execute methodologically sound trademark surveys to strengthen their cases.
Keegan & Donato Consulting has extensive experience conducting surveys to test a wide variety of Lanham Act claims, including likelihood of confusion, dilution, false designation of origin, trade dress infringement, dilution, and a wide range of other issues.
We have been engaged by leading firms in New York such as Day Pitney LLP, Debevoise & Plimpton LLP, Duane Morris LLP, Kaye Scholer LLP, and Lieff Cabraser Heimann & Bernstein LLP, who are appearing in federal and state courts, before arbitration panels, the Trademark Trial and Appeal Board (TTAB), and other specialty venues.
Consumer research studies are a common approach toward proving consumer perception, secondary meaning, strength of mark, acquired distinctiveness, dilution, and more. Keegan & Donato Consulting has designed hundreds of studies across a wide range of industries.
Trademark Surveys and the Lanham Act
Under the Lanham Act, trademark owners who claim infringement and unfair competition generally are required to establish two elements: (1) that the defendant used the registered mark in commerce; and (2) that the use is likely to cause consumer confusion.
Consumer surveys can provide empirical evidence as to whether an alleged trademark infringement is having an impact on consumers, but these surveys typically are not accepted without challenge. Courts demand accurate, real-world data. If the survey is not based on sound methodology, it can be excluded in its entirety.
The real-world results collected by Keegan & Donato Consulting have provided our clients a foundation for presenting fact-based evidence in support of their positions. Hundreds of surveys designed and analyzed by our firm have been successfully admitted into evidence, and we have extensive testimony experience.
Each survey consists of a sampling plan, a set of questions, and a method of administering the questions. Each aspect must be designed according to scientific and accepted research practice. Deciding on a survey population that reasonably represents the relevant consumers in the case is essential.
Keegan & Donato Consulting obtains survey samples from respected marketing research companies that are leading providers of survey samples in the U.S. and maintain multi-million member online consumer panels. We have stringent procedures in place that enable us to obtain a representative sample of the targeted population and minimize potential biases in data collection.
Because the circumstances of each case are unique, we work closely with our clients to understand the key issues driving their cases. This enables us to maximize the value of the consumer survey evidence to their overall case strategies. Our state-of-the art survey designs employ both classic survey designs and innovative custom survey designs to suit our clients’ needs.
Keegan & Donato Consulting also has extensive experience critiquing and rebutting surveys submitted by opposing experts. If you are confronted during litigation with a consumer research survey that may not have been designed or executed properly, we have the expertise to identify methodological flaws and provide analysis for rebuttal in high-stakes disputes.
As you evaluate trademark survey companies to either bolster your New York case or contest an allegation of infringement, consider Keegan & Donato Consulting. Get in touch today at (914) 967-9421.