Experienced trademark survey companies like Keegan & Donato Consulting can provide you with a reliable and defensible consumer research study that can help bolster your case in Pittsburgh, PA.
Survey evidence can provide crucial information about how consumers perceive marks, product designs, colors, websites, and other stimuli. Whether you need a pilot study on logo similarity or an intensive review of a product line, we can deliver intelligence quickly
Keegan & Donato Consulting provides 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/or trial, and rebuttal of opposing parties’ surveys when applicable.
Principals Mark Keegan and Tony Donato offer clients a combined 25-plus years of proven survey methodologies, deep operational insight, and broad industry experience. We design, execute, analyze, and present the results of trademark litigation surveys in these and other areas:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Lanham Act Claims
- Acquired Distinctiveness
- Survey Critiques and Rebuttals
The Value of Experience & Sound Methodology
Courts often regard consumer surveys as powerful evidence of likelihood of confusion in trademark infringement litigation and TTAB proceedings because they provide important information about how consumers perceive marks, product designs, colors, websites, and other stimuli.
Judges take great care, however, to verify whether the survey design or methodology was flawed in any way. For example, in Dardenne v. MoveOn.org Civil Action, CIV. A. 14-00150-SDD, 2014 WL 1364854, the Court placed “little weight on the survey results for the reason that the survey’s methodology was fundamentally flawed in both its sampling and the questions employed.”
Consequently, hiring qualified trademark survey experts, such as Keegan and Donato Consulting, will have an impact on whether the court deems your survey results admissible.
Methodological design is the most critical aspect of designing consumer research studies. Our state-of-the art survey designs adhere to established principles that include:
- Rigorous and valid design that is probative of the relevant issues in the case;
- Selection of the appropriate universe and sample;
- Inclusion of representative, qualified respondents;
- Use of clear and concise questions that are not leading or ambiguous;
- Use of procedures to minimize potential biases in data collection; and
- Full analysis and reporting of survey data.
Keegan & Donato Consulting can also provide you with technical and strategic advice; help you analyze the economic, financial and/or technical complexities of your case; help you determine suitable deposition questions to ask; help you prepare a testifying expert for deposition and trial; or critique the potential weaknesses in an adversary’s survey evidence in a rebuttal report.
When your litigation in Pittsburgh, PA requires a trademark survey, companies like Keegan & Donato Consulting offer the economic, financial, marketing, and consumer research expertise you need. Contact us at (914) 967-9421 to explore our affordable services.