When hiring trademark survey experts for IP litigation in San Francisco, it’s important to evaluate companies such as Keegan & Donato Consulting to determine whether they have the training and expertise necessary to design, execute and analyze surveys that will hold up to scrutiny from courts and opposing experts.
Principals Mark Keegan and Anthony Donato offer plaintiffs and defendants a combined 25 years of experience in consumer research studies in the context of intellectual property disputes.
Mr. Keegan’s experience in formulating case strategies in complex litigation involving business, marketing, economics, and financial issues on behalf of his clients, along with Mr. Donato’s experience in strategy, research, survey design and execution, and data analysis, create a unique blend of strategic and analytical skills.
We have developed surveys for San Francisco firms, such as Arnold & Porter LLP, Duane Morris LLP, Girard Gibbs LLP, and Lieff Cabraser Heimann & Bernstein LLP, and dozens of others across the nation.
Surveys by Keegan & Donato Consulting have been accepted as evidence in matters involving likelihood of confusion, secondary meaning, strength of mark, acquired distinctiveness, consumer perception, dilution, and other Lanham Act issues in the context of trademark and trade-dress litigation.
We adhere to survey design, execution and presentation best practices. Our consumer surveys direct objective, non-leading questions to an appropriate universe of consumers. Procedures are in place to minimize potential biases in data collection, and services include a full analysis and reporting of survey data.
We have designed hundreds of consumer research studies across a wide range of industries. Our goal is to obtain high-quality information from a representative sample of the targeted population. Survey samples are obtained from prominent marketing research companies that maintain multi-million member online consumer panels.
Critique & Rebuttal
You may be confronted during litigation with a research study which, on its face, appears persuasive and well-executed. But research studies often have limitations that are not readily apparent, and Keegan & Donato Consulting can provide guidance about possible flaws in the survey evidence you face in your case.
With an unparalleled knowledge of the science and methodology behind consumer research surveys, we have the ability to identify weaknesses in a study that may not be obvious to an untrained eye, but may help you refute the credibility of an opposing expert’s work.
In addition to survey rebuttal, we are often enlisted for advice on how to approach an opposing expert’s deposition. We can counsel you on specific survey-related issues to address with the expert and on areas of questioning about survey research in general.
Expert Witness Testimony
You may need an expert when the facts and issues of your case are not easily understood, or when a court would benefit from empirical evidence related to relevant issues in the case. Mr. Keegan and Mr. Donato have testimony experience as expert witnesses in a number of high-profile cases involving consumer behavior and trademark infringement.
Trademark survey companies can help you conduct competent and defensible trademark surveys and defend against them. Whether you are located in San Francisco or elsewhere in the U.S., contact Keegan & Donato Consulting at (914) 967-9421 to take advantage of our extensive training, expertise, and data-gathering capabilities.