As you evaluate trademark survey companies, learn how Keegan & Donato Consulting can help you strengthen your case in Salem, OR.
Relying on 30-plus combined years of proven survey methodologies, deep operational insight, and vast industry experience, principals Mark Keegan and Tony Donato design, execute, analyze, and present the results of trademark litigation surveys for:
- Likelihood of Confusion
- Strength of Mark
- Secondary Meaning
- 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 studies and reports from opposing experts
- Advice on deposition and trial questioning of opposing experts
We have worked with leading firms across the nation, including Ropes & Gray LLP (Washington, DC), Notaro, Michalos & Zaccaria PC (New Jersey), SmithAmundsen LLC (Chicago), Blood Hurst & O’Reardon LLP (San Diego), and on litigation surveys that have been accepted as evidence in matters involving a broad range of products and services.
What Can a Trademark Survey Measure?
Surveys are instrumental in measuring issues related to intellectual property matters and providing evidence of infringement.
A common issue addressed by consumer survey research is likelihood of confusion. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe a relationship exists between the plaintiff’s and the defendant’s marks, brands, or products.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, can be measured through a consumer research study and may provide a strong indication that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
Acquired distinctiveness can be measured with consumer survey research. When a mark reaches distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and widespread commercial use.
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 as to whether an alleged trademark infringement is having a real-world impact on consumers.
Methodologically sound consumer research studies and expert testimony from Keegan & Donato Consulting will meet the courts’ standards for design, execution, and analysis and can serve as powerful evidence in your case.
Why You Need a Qualified Expert?
Under Rule 702 of the Federal Rules of Evidence, experts must have technical, scientific, or other specialized knowledge to help the court understand the evidence presented. Testimony must be based on sufficient facts or data obtained by reliable principles and methods that have been appropriately applied to the facts of the case.
Selecting the correct type of survey for a case requires skill and experience. Keegan & Donato Consulting approaches survey design on a case-by-case basis since every client’s case is unique. We work closely with clients to understand the fundamental issues driving the case to maximize the value of the research evidence to the overall case strategy.
When you need trademark survey companies with strategic and analytical skills to assist you with your trademark infringement litigation in Salem, OR, Keegan & Donato Consulting is ready to help. Contact us at (914) 967-9421 to learn more.