As you evaluate trademark survey companies that can assist with your trademark infringement case in Trenton, NJ, look no further than Keegan & Donato Consulting. We can provide the answers you need.
Who is Keegan & Donato Consulting?
Keegan & Donato Consulting, located in historic Rye, New York, is a specialty research consultancy that designs and executes consumer surveys for attorneys across the nation and their clients in the context of intellectual property disputes.
Principals Mark Keegan and Tony Donato rely on more than 25 years of proven survey methodologies, deep operational insight, and extensive industry experience, to provide expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants in support of trademark infringement litigation.
What We Do for Our Valued Clients
- Design, execute and present results of:
- trademark litigation surveys;
- false and deceptive advertising, consumer perception, and other types of marketing surveys;
- Critique and rebuttal of trademark and marketing surveys;
- Damages and forensic economic analyses;
- Expert witness testimony on consumer survey, marketing and economic issues.
Keegan & Donato Consulting has been engaged by leading IP litigation firms across the nation, such as Day Pitney LLP in New York City, Giampolo Law Group in Philadelphia, Girard Gibbs LLP in San Francisco, and Arent Fox in Washington, DC, to help them navigate the trademark infringement cases their clients face.
Issues That Can Be Measured by Trademark Surveys
Surveys can be very useful in attempting to measure a number of 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.
Trademark infringement is on the rise. As one of the nation’s leading trademark survey companies, Keegan & Donato Consulting can help ensure that the evidence you introduce in your case in Trenton, NJ will hold up to scrutiny from courts and opposing experts. Get in touch with us at (914) 967-9421 to learn more about our approach and our affordable services.