Experienced trademark survey companies, such as Keegan & Donato Consulting, can help you try or defend your Tampa intellectual property case effectively.
We have worked on behalf of plaintiffs and defendants with leading IP litigators throughout the nation, such as Day Pitney LLP in New York City, Wiley Rein LLP in Washington, DC, LeClairRyan in Los Angeles, and Blank Rome LLP in Philadelphia.
Our vast experience includes conducting trademark surveys to test a wide variety of Lanham Act claims, such as likelihood of confusion, strength of mark, secondary meaning, acquired distinctiveness, trade dress, and others, false and deceptive advertising, consumer perception, and expert witness testimony on consumer survey, marketing and economic issues.
Though survey evidence is not required in order to prevail on a claim of trademark infringement, courts often give such evidence substantial weight. In many instances, the most persuasive evidence comes from a consumer research study.
Selecting a Qualified Expert
Expert advice is critical for a variety of reasons, such as in making the most of fact discovery, framing discovery requests, and identifying issues to investigate in depositions.
Primarily through survey evidence, an expert can help establish whether or not a descriptive mark has acquired secondary meaning; whether or not competing marks are likely to confuse consumers; whether or not a mark is famous; and whether or not one brand’s mark is likely to cause dilution to a competing mark.
Experience is one of the most important factors in selecting the most appropriate expert for your case. The expert must have the right balance of educational background and practical research experience, as well as experience in being deposed and testifying at trial.
We understand that the crux of a consumer survey for litigation is a solid methodological foundation. Unlike in an academic environment where conditions are more relaxed, even a minor methodological misstep can spell disaster for a survey expert, and in some instances result in partial or full exclusion from testifying in a case.
In Dardenne v. MoveOn.org Civil Action, CIV. A. 14-00150-SDD, 2014 WL 1364854, for example, the Court placed “little weight on the survey results for the reason that the survey’s methodology was fundamentally flawed in both its sampling and the questions employed.”
Principals Mark Keegan and Tony Donato have 25 years of combined experience conducting consumer research studies in the context of litigation. Surveys designed by our firm have been admitted into evidence in federal and state courts, at arbitration, and to the TTAB, the NAD, and other specialty venues, and we have testified extensively at deposition and at trial.
Keegan & Donato Consulting also offers clients extensive experience in critiquing and rebutting surveys submitted by opposing experts. If you are facing a trademark survey that may not have been designed or executed properly, we have the expertise to identify methodological flaws and provide analysis for rebuttal in high-stakes disputes.
When you are engaged in IP litigation in Tampa, trademark survey companies, such as Keegan & Donato Consulting, can help you provide evidence as to whether an alleged infringement is having an impact on consumers or help you rebut an allegation of infringement. Get in touch today at (914) 967-9421 to discuss your needs.