When evaluating trademark survey companies to support an allegation of infringement or refute the results of an adversary’s survey in Virginia Beach, VA, consider the exceptional expertise of Keegan & Donato Consulting.
Located in Rye, New York, the firm has designed, executed, presented, and rebutted many surveys that have been admitted into evidence in federal and state courts, before arbitration panels, the TTAB, the NAD, and other venues.
Relying on 30+ combined years of proven survey methodologies, deep operational awareness, and vast industry experience, principals Mark Keegan and Tony Donato provide expert research, analysis, affidavits, and reports for plaintiffs and defendants to support their trademark infringement litigation.
What Trademark Surveys Can Measure
Surveys can provide evidence of infringement and measure many issues related to intellectual property matters.
Likelihood of confusion: One of the primary purposes of a trademark is to prevent consumer confusion. A well-designed survey from Keegan & Donato Consulting can help you assess whether consumers are indeed confused.
Secondary meaning: Descriptive marks are typically unprotectable as trademarks unless they have acquired a secondary meaning. A consumer survey can help you determine whether a mark is no longer descriptive and is now a distinct identifier of a brand in consumers’ minds.
Acquired distinctiveness: When a mark becomes distinctive, it can serve as a trademark because consumers associate it with a particular source of goods and services. This usually happens due to extensive advertising and widespread commercial use and can be measured with a consumer survey.
Trade Dress: Like a trademark, trade dress 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.
Expert Witness Testimony
If the facts and issues of your case are complex and hard to understand or when you feel a court would benefit from empirical evidence related to matters in your case, you may need an expert. Mr. Keegan and Mr. Donato have experience as expert witnesses in many high-profile cases that involved consumer behavior and trademark infringement.
Rebuttal and Critique
We also have extensive experience in disputing surveys submitted by opposing experts. If you are confronted with a trademark survey you don’t believe was designed or executed correctly, we can identify small and large methodological flaws and provide you with expert analysis for rebuttal in high-stakes IP disputes.
The expert services of trademark survey companies like Keegan & Donato Consulting can significantly impact your client’s case in Virginia Beach, VA. We deliver intelligence quickly within a wide range of budgets to help reinforce your strategy. Contact us today at (914) 967-9421.