Trademark infringement is on the rise. If you are looking for trademark survey companies to assist with your IP litigation in Tallahassee, consider Keegan & Donato Consulting. We provide trademark litigation surveys and expert witness testimony to ensure that the evidence you introduce in your case will hold up to scrutiny from courts and opposing experts.
Keegan & Donato Consulting, a specialty research consultancy, is located in Rye, New York. We provide a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients across the nation, consumer research studies, expert reports, testimony during litigation, testimony at deposition and/or trial, and rebuttal of opposing parties’ surveys when applicable.
What Can Be Measured by Trademark Surveys?
Surveys can be extremely useful in your attempt to measure issues related to intellectual property matters and provide evidence of infringement.
Likelihood of confusion is a common issue addressed by consumer survey research. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe there is a relationship 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 by means of 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.
Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness. Consumer recognition of a famous mark can be measured directly by a survey.
Acquired distinctiveness can be measured with consumer survey research. When a mark acquires 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.
Trade dress, like a trademark, is protectable under the Lanham Act. Conducting a consumer survey can help you gather the evidence to prove whether the trade dress in question has established secondary meaning or is likely to cause confusion in the marketplace.
Should You Hire a Survey Expert?
Surveys are highly susceptible to criticism, and you can expect the courts to scrutinize them for methodological flaws. Sample selection issues, interviewer bias, and suggestive wording often cause judges to attribute little weight to a survey or deem some or all of the results inadmissible.
For this reason, we highly recommend hiring qualified survey experts. Keegan & Donato Consulting’s methodologically sound consumer research studies and expert testimony will meet the courts’ standards for design, execution, and analysis and serve as powerful evidence in your case.
Trademark survey companies like Keegan & Donato Consulting can provide the expertise you need to develop a powerful trademark infringement case strategy in Tallahassee. Contact us at (914) 967-9421 to explore our capabilities.