When faced with IP litigation in New York, trademark survey consultants, such as Keegan & Donato Consulting, can help you strengthen your case with independent consumer-based survey research solutions.
Keegan & Donato Consulting, a specialty research consultancy, is located in Rye, New York, and serves clients from coast to coast. In New York, we have assisted leading IP firms that manage some of the largest trademark portfolios in the world, such as Debevoise & Plimpton LLP, Day Pitney LLP, Duane Morris LLP, and Lieff Cabraser Heimann & Bernstein LLP.
Relying on over 25 combined years of proven survey methodologies, deep operational insight and vast industry experience, principals Mark Keegan and Tony Donato provide expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants in support of trademark infringement litigation, and have collaborated extensively on cases involving business, marketing, and financial issues.
Issues Trademark Surveys Can Measure
Surveys can be very useful in attempting to measure a number of issues related to intellectual property matters and provide evidence of infringement.
A common issue addressed by consumer survey research is likelihood of confusion. 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.
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.
Lanham Act Claims – Lanham Act issues are particularly well-suited to testing through consumer research. Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real world impact on consumers.
Critique & Rebuttal
You may be confronted during litigation with a research study which, on its face, appears persuasive and well-executed. Research studies, however, often have limitations that are not readily apparent. Keegan & Donato Consulting can provide guidance about possible flaws in the survey evidence you face in your case.
With an unparalleled knowledge of the science and methodology behind consumer research surveys, we have the ability to identify weaknesses in a study that may not be obvious to an untrained eye, but may help you refute the credibility of an opposing expert’s work.
In addition to survey rebuttal, we are often enlisted for advice on how to approach an opposing expert’s deposition. We can counsel you on specific survey-related issues to address with the expert and on areas of questioning about survey research in general.
When you need a New York trademark survey consultant, take advantage of the extraordinary expertise of Keegan & Donato Consulting by contacting us at (914) 967-9421.