When your trademark litigation in Newark requires sound and reliable survey evidence, contact the specialty research consultants at Keegan & Donato Consulting. We are one of the most experienced companies in the field of trademark litigation.
Principals Mark Keegan and Tony Donato offer clients a combined 25-plus years of proven survey methodologies, deep operational insight and broad industry experience.
We 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.
Keegan & Donato Consulting designs, executes, analyzes, and presents the results of trademark litigation surveys in these and other areas:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Lanham Act Claims
- Acquired Distinctiveness
- Survey Critiques and Rebuttals
Why Would You Need a Consumer Survey?
Surveys are valuable tools in trademark litigation because they provide insight into actual consumer perceptions, often when no other scientific evidence is available. While presenting survey evidence is not mandatory, it may help you build a stronger case.
There are, of course, strategic reasons why you may decide to proceed without survey evidence. Perhaps the client cannot afford to invest in a survey. Perhaps your pilot survey failed to produce adequate results. Or, perhaps the consumer survey presented by your adversary is so flawed that you believe a rebuttal expert can critique the results without having to conduct an affirmative study.
Regardless of the reasons, there are pitfalls to proceeding without survey evidence conducted by trained independent experts using sound methodologies in a trademark infringement matter.
For example, in Tiffany and Co. v. Costco Wholesale Corp., 127 F.Supp.3d 250 –District Court, S.D. New York (2015), the iconic jeweler sued Costco for trademark infringement over its use of the “Tiffany” trademark to sell diamond wedding rings. Costco argued that using the name Tiffany merely to describe the style of the ring (i.e., “Tiffany” setting) did not confuse consumers into thinking that Tiffany & Co. was the source of the rings.
Tiffany & Co. proffered a consumer confusion survey which concluded that prospective purchasers of wedding rings at Costco were likely confused into believing that Tiffany & Co. was the source of the rings. Costco attacked the survey expert’s methods, but did not offer its own survey or any other evidence of lack of consumer confusion. Without a competing survey, “Tiffany’s evidence of consumer confusion stands unrebutted.” The Court granted Tiffany’s motion for summary judgment.
In summary, it is important for brand owners to consider conducting a consumer survey because it is often a critical factor in the Court’s assessment of a case.
When you need a trademark survey consultant in Newark, Keegan & Donato Consulting designs and executes surveys that will withstand the rigors of your litigation. Contact us at (914) 967-9421 to learn more about our approach and our affordable services.