As you look for trademark survey companies that can help strengthen your Texas case strategy, reach out to Keegan & Donato Consulting. Our unparalleled knowledge of the science and methodology behind consumer research surveys can help you build a stronger case in infringement matters.
Located in Rye, New York, Keegan & Donato Consulting is a specialty research consultancy that designs and executes consumer-based surveys for attorneys and their clients across the nation in the context of intellectual property disputes.
With over 25 years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato have expertise on many topics in the areas of trademark and trade dress, including:
- Likelihood of Confusion Analysis & Surveys
- Strength of Mark Analysis & Surveys
- Secondary Meaning Analysis & Surveys
- Lanham Act Analysis & Surveys
- Trade Dress Analysis & Surveys
- False & Deceptive Advertising Surveys
- Consumer Perception Analysis & Surveys
- Consumer Understanding Studies
- Marketing, Damages & Forensic Economic Analyses
- Deposition & Trial Questioning Advice
- Expert Witness Testimony
- Critique of Opposing Experts’ Studies & Reports
Consumer Surveys Can Be Valuable Tools
Surveys are valuable tools in trademark litigation because they provide insight into actual consumer perceptions, often when no other scientific evidence is available.
The Lanham Act (also known as the Trademark Act) is the federal statute that governs trademarks, service marks, and unfair competition. It is codified in 15 U.S. Code §1125 and sets out procedures for registering trademarks, regulates the use of trademarks in commercial activity, and sets out remedies that can be sought when a trademark is infringed.
The purpose of the Lanham Act is to protect the trademark owner from infringement and unfair competition and the consumer from false or misleading statements about the sources of particular goods or services. The Act establishes a federal cause of action for trademark or trade dress infringement claims, dilution, false designation of origin, false advertising, and other issues.
The central element of trademark infringement is the “likelihood of confusion.” When infringement is alleged, litigants often use consumer surveys to persuade the court that consumer confusion between trademarks exists (or does not exist).
It can be hazardous, however, to proceed with survey evidence that was not designed and executed by trained independent experts using sound methodologies. Hire a qualified survey expert who will be able to withstand cross-examination and explain their survey methodology clearly and concisely.
In Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1142, 1144-50 (10th Cir. 2013), for example, you can read a lengthy discussion about the court’s conclusion that the defendant’s survey evidence “had too many methodological flaws to be of any probative value.”
Surveys designed and executed by Keegan & Donato Consulting, one of the top trademark survey companies serving Texas, can help you prove or disprove the likelihood of confusion and provide you with reliable empirical data about the essential claims driving your intellectual property case. Call us today at (914) 967-9421 to learn how we can help.