Trademark survey evidence is often invaluable. Indeed, working with companies that design and execute methodologically sound consumer research studies can make a difference in the success of your Phoenix IP litigation.
The principals of Keegan & Donato Consulting are Mark Keegan and Tony Donato. Mr. Keegan and Mr. Donato have 25 years of combined experience conducting consumer research studies in the context of litigation.
Together, Mr. Keegan and Mr. Donato have designed, executed, and critiqued hundreds of trademark surveys that have been admitted into evidence in federal and state courts, at arbitration, and to the NAD and TTAB.
Mr. Keegan & Mr. Donato have also collaborated extensively on cases involving marketing, economics, business, and financial issues. Both individuals have testified and been accepted as experts for litigation.
Consumer Surveys in Lanham Act Cases
Surveys are regularly used to test a variety of issues in trademark law, including:
- whether there is a likelihood of confusion between two subject marks
- whether a mark or trade dress has achieved secondary meaning
- whether the distinctiveness of a “famous” mark has been diluted or tarnished by a junior mark
- whether a mark is generic or identifies a specific source for a product or service
Testimony from actual consumers is compelling, but can be difficult to obtain. Consequently, consumer surveys directed toward :likely purchasers” are often the primary source of direct evidence. They can provide empirical evidence as to whether an alleged trademark infringement is having an impact on consumers.
Trademark surveys are highly vulnerable to criticism and are not typically accepted without challenge. Courts take care to verify whether the survey design or methodology was flawed in any way. If not based on sound methodology, the survey may be given little weight.
Courts will consider whether:
- the proper universe was defined
- a representative sample of the universe was selected
- the questions were framed in a clear, precise and non-leading manner
- the persons conducting the survey were recognized experts
- sound interview procedures were followed
- the data gathered was accurately reported
- the data was analyzed in accordance with accepted statistical principles
- the survey was designed and administered objectively
Keegan & Donato Consulting’s methodologically sound surveys will stand up to judicial scrutiny. Each survey is designed according to scientific and accepted research practice. 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.
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.
In addition to designing and executing our own consumer surveys, our firm is often engaged to critique consumer research studies submitted by opposing experts. We have reviewed and rebutted hundreds of consumer surveys conducted in conjunction with litigation.
As you evaluate trademark survey companies to either support your Phoenix case or contest an allegation of infringement, consider Keegan & Donato Consulting. Get in touch with us at (914) 967-9421 to learn more about our services.