When you are seeking highly qualified trademark survey companies to help you develop a powerful strategy for your litigation in Portland, OR, consider Keegan & Donato Consulting.
Keegan & Donato Consulting, a specialty research consultancy, is located in Rye, New York. Principals Mark Keegan and Tony Donato offer more than 25 years of combined experience and education in consumer-based survey research and data analysis in the context of intellectual property disputes, and follow a solid methodological foundation in survey design, execution and presentation.
We have partnered with leading firms across the nation, including Notaro, Michalos & Zaccaria PC (New Jersey), Ropes & Gray LLP (Washington, DC), Blood Hurst & O’Reardon LLP (San Diego), and SmithAmundsen LLC (Chicago), on litigation surveys that have been accepted as evidence in matters involving a broad range of products and services.
How We Can Help
Surveys are an invaluable tool for brands that want to assess consumer perception of products or services; measure consumer understanding of contested marketing claims; gauge the buying habits of a target market; test the marketplace for a new brand name, logo or concept; and other key marketing issues.
Keegan & Donato Consulting designs, executes, analyzes, and presents the results of trademark litigation surveys for:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Acquired Distinctiveness
- Lanham Act Claims
In addition to our survey design capabilities, we provide services in these and other areas:
- Full-service data gathering and reporting
- Marketing, damages and forensic economic analysis
- Collaboration on complex commercial litigation issues
- Pilot studies and exploratory research
- Critique and rebuttal of opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
Keegan & Donato Consulting also has the expertise to identify flaws and weaknesses in a survey that may not be apparent to an untrained eye and may help you refute the credibility of an opposing expert’s work.
Why Hire an Expert?
Surveys can be used to test a wide variety of Lanham Act claims. In many instances, the most persuasive evidence will come from a consumer survey.
Courts can be harsh, however, when confronted with unscientific and poorly constructed surveys and may give the evidence little weight or partially or completely exclude it.
In Malletier v. Dooney & Bourke, Inc., 525 F.Supp.2d 558, 569-70 (Dist. Court S.D.N.Y; 2007), for example, the Court excluded the evidence and testimony of all three of the plaintiff’s survey experts and two of the defendant’s three survey experts on the basis that the surveys were unreliable, plagued by significant methodological flaws, and that “any probative value was substantially outweighed by the danger of unfair prejudice and misleading the jury.”
Consequently, it is very important to hire qualified survey experts. Methodologically sound consumer research studies and expert testimony from Keegan & Donato Consulting will meet the courts’ standards and can serve as powerful evidence in your case.
As you evaluate trademark survey companies, learn how Keegan & Donato Consulting can help you strengthen your case in Portland, OR. Call us at (914) 967-9421. We will work within your budget to deliver the assistance you need.