When you are litigating a case in Oklahoma City and need a trademark survey consultant, consider Keegan & Donato Consulting. We have the training and expertise to design and execute consumer research studies properly.
Keegan & Donato Consulting is a specialty research consultancy that designs and executes consumer-based surveys for attorneys and their clients in the context of intellectual property disputes. Principals Mark Keegan and Tony Donato have over 25 years of cumulative experience in the field of consumer research.
We have completed hundreds of consumer research surveys that have been admitted into evidence in state and federal courts, at arbitration, the TTAB, the NAD and other venues. We also have extensive testimony experience.
Value of Experience
Courts often regard consumer surveys as powerful evidence of likelihood of confusion in trademark infringement litigation and TTAB proceedings because they provide crucial information about how consumers perceive marks, product designs, colors, websites, and other stimuli.
Judges take great care, however, to verify whether the survey design or methodology was flawed in any way. If not based on sound methodology, the survey may be given little weight.
For example, in Dardenne v. MoveOn.org Civil Action, CIV. A. 14-00150-SDD, 2014 WL 1364854, for example, the Court placed “little weight on the survey results for the reason that the survey’s methodology was fundamentally flawed in both its sampling and the questions employed.”
Hiring qualified trademark survey experts, such as Keegan and Donato Consulting, will have an impact on whether the court deems your survey results admissible.
Our firm can provide you with technical and strategic advice; help you analyze the economic, financial and/or technical complexities of your case; help you determine suitable deposition questions to ask; help you prepare a testifying expert for deposition and trial; or critique the potential weaknesses in an adversary’s survey evidence in a rebuttal report.
Methodological design is the most critical aspect of designing consumer research studies. Keegan & Donato Consulting’s state-of-the art survey designs adhere to established principles that include:
- Rigorous and valid design that is probative of the relevant issues in the case;
- Selection of the appropriate universe and sample;
- Inclusion of representative, qualified respondents;
- Use of clear and concise questions that are not leading or ambiguous;
- Use of procedures to minimize potential biases in data collection; and
- Full analysis and reporting of survey data.
We have developed surveys for and collaborated with firms that manage some of the largest trademark portfolios in the world, such as Fox Rothschild LLP in New Jersey and Philadelphia, Arnold & Porter LLP in San Francisco, and Morgan, Lewis & Bockius LLP in Boston. Our litigation surveys have been accepted as evidence in matters involving a broad range of products and services.
When your trademark litigation in Oklahoma City calls for a survey expert, hire a consultant like Keegan & Donato Consulting to deliver persuasive survey evidence that will stand up to judicial scrutiny. Get in touch with us today at (914) 967-9421 to learn more about our wide range of services.