If you plan to use trademark survey evidence to develop a powerful litigation strategy for your case in Oxnard, CA, companies like Keegan & Donato Consulting can provide the assistance you need.
s a specialty research consultancy, Keegan & Donato Consulting offers a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and trial, and rebuttal of opposing parties’ surveys when applicable.
We belong to the International Trademark Association (INTA), the American Marketing Association (AMA), the Association for Consumer Research (ACR), the American Association for Public Opinion Research (AAPOR), and ESOMAR, the leading global association for market, social and opinion researchers. We have the skills and tools to help you strengthen your case.
Some of Our Survey Specialties
The Keegan & Donato Consulting team’s capabilities include state-of-the-art survey designs that corroborate the issues in each case, target consumers with proper universe selection and sampling frames, as well as innovative rotation and randomization of hundreds of types of questions with customizable complex skip and display logic.
Consumer Confusion: Preventing consumer confusion is a trademark’s main function. A survey conducted by Keegan & Donato Consulting can help brand owners and their attorneys evaluate whether or not consumers are confused. We measure the likelihood of confusion by utilizing standard and custom survey designs.
Secondary Meaning: Usually, descriptive marks cannot be protected as trademarks unless they have acquired a secondary meaning. The Keegan & Donato team can design a survey to target relevant consumers in your client’s market and help you determine the extent to which they associate a contested mark with one or more sources.
Dilution: Trademark dilution happens when an infringing party uses a famous mark and tarnishes the brand’s excellent reputation or dilutes its strength by blurring its distinctiveness. Consumer recognition of a famous mark can be directly measured with a survey.
False Advertising: Issues such as false advertising or labeling are suitable for testing through consumer surveys. We can assess how consumers interpret and misinterpret names, symbols, and other types of marks used in commerce by businesses.
Trade Dress: Trade dress refers to the appearance of a product or its packaging. Like a trademark, this is protectable under the Lanham Act. With a consumer survey, evidence can be gathered to demonstrate whether the trade dress has established secondary meaning or is likely to cause confusion in the marketplace.
Since survey evidence will play an important part in your case, hiring a qualified survey expert who can withstand cross-examination and explain their survey methodology clearly and concisely is essential.
When you need trademark survey evidence for your IP litigation in Oxnard, CA, companies like Keegan & Donato Consulting can help. Get in touch with us at (914) 967-9421 to explore our services.