Trademark survey companies, such as Keegan & Donato Consulting, assist firms in Philadelphia and throughout the nation with providing vital evidence in intellectual property disputes about matters such as likelihood of confusion, secondary meaning, acquired distinctiveness, brand awareness, and other issues.
Principals Mark Keegan and Anthony Donato have vast experience in designing, executing and critiquing consumer research surveys that are used by both plaintiffs and defendants in cases in federal court, state court, the Trademark Trial and Appeal Board (TTAB), arbitration hearings, and other specialty venues. We also have extensive testimony experience.
Keegan & Donato Consulting specializes in trademark and trade dress analyses and surveys, including:
- Likelihood of Confusion – This is the most common trademark litigation issue that clients contact us about. We measure likelihood of confusion through classic survey designs and by crafting innovative custom surveys that address the issue of consumer confusion from a scientific perspective.
- Strength of Mark – Inherently distinctive marks are generally afforded higher levels of USPTO protection than marks that are less distinctive and/or in use by multiple parties within a market or across markets. If your trademark infringement case involves strength of mark, it may benefit from a survey that measures consumer reaction to the mark.
- Secondary Meaning – Proving secondary meaning can be a crucial component of trademark litigation. We can help you develop a robust case strategy by designing a study that targets relevant consumers in your client’s market and determines how they perceive your client’s brand.
- Acquired Distinctiveness– When acquired distinctiveness can be proved, a descriptive mark is as protectable as an inherently distinctive mark. Consumer data can assist in proving that your client’s mark has achieved acquired distinctiveness which may provide a greater scope of protection. Keegan & Donato Consulting offers extensive experience in conducting acquired distinctiveness surveys.
- Lanham Act Claims – Lanham Act issues are particularly well-suited to testing through consumer research. Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real world impact on consumers.
Surveys are subject to intense scrutiny from courts and opposing experts. For this reason, they must be conducted to certain standards. Our surveys consist of objective, non-leading questions directed to an appropriate universe of consumers. Procedures are in place to minimize biases in data collection, and services include a complete analysis and reporting of survey data.
Our surveys have been accepted as evidence in matters involving a wide variety of products and services in many different industries. We have partnered with leading IP litigators across the country, such as Blank Rome LLP, Giampolo Law Group, and Fox Rothschild LLP in Philadelphia, and many other firms from New York City to Los Angeles and Washington, DC to San Diego.
Hiring trademark survey companies with credentialed, experienced experts can increase the odds that your litigation survey in Philadelphia will be able to withstand challenges and criticism. Keegan & Donato Consulting has the expertise necessary to quickly deliver intelligence within a wide range of budgets. Call us today at (914) 967-9421 to find out how we can help.