Attorneys and their clients whose litigation requires the support and expertise of trademark survey companies serving Salt Lake City, UT, will benefit from the extraordinary knowledge of Keegan & Donato Consulting.
Keegan & Donato Consulting provides service to attorneys practicing in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues. Principals Mark Keegan and Tony Donato offer clients more than 30 combined years of proven survey methodologies, deep operational insight, and broad industry experience.
We have worked with leading firms across the nation, including Notaro, Michalos & Zaccaria PC (New Jersey), Blood Hurst & O’Reardon LLP (San Diego), SmithAmundsen LLC (Chicago), and Ropes & Gray LLP (Washington, DC), on surveys accepted as evidence in litigation involving a broad range of products and services.
Issues Trademark Surveys Can Measure
Surveys can be instrumental in providing evidence of infringement and measuring many issues related to intellectual property matters.
Likelihood of confusion is a common issue that can be addressed by consumer survey research. A well-designed survey can provide direct scientific evidence of how extensively consumers believe a relationship exists between the plaintiff’s and the defendant’s mark, brand, or product.
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 strongly indicate that a mark is no longer descriptive and is now a distinct identifier of a brand in consumers’ minds.
Acquired distinctiveness can be measured with a consumer survey. When a mark reaches distinctiveness, it can serve as a trademark because consumers associate it with a particular source of goods and services. This typically happens as a result of extensive advertising and widespread commercial use.
Lanham Act Claims – Lanham Act issues are well-suited to testing through consumer surveys. Strengthen your case with a well-designed study conducted by Keegan & Donato Consulting, which can provide empirical evidence on whether an alleged trademark infringement is having a real-world impact on consumers.
Survey Critique and Rebuttal
With unparalleled knowledge of the science and methodology behind consumer research surveys, Mr. Keegan and Mr. Donato offer extensive experience in the critique and rebuttal of surveys submitted by opposing experts on various issues.
When you are faced with a consumer study that appears well-executed and convincing, we may be able to identify small and large methodological flaws and provide expert analysis that could bolster your case. Our analysis may include an examination of the:
- Survey design and methodology
- Opposing expert’s credentials and training
- Type, wording, ordering, and structure of the questions
- How the survey universe was defined
- The sampling frame used to identify the population
- Method of screening and selecting survey respondents
- Procedures used to minimize potential data collection biases
- The method used to analyze and report the survey data
Hiring qualified trademark survey companies, such as Keegan & Donato Consulting, for your litigation in Salt Lake City, UT, will help ensure that your survey evidence will stand up to judicial scrutiny. Get in touch with us at (914) 967-9421 to learn more about our approach and affordable services.