Trademark infringement can have a significant impact on businesses. It is crucial to take a proactive approach to safeguard your brand. One effective way to do so is by working with trademark survey consultants like Keegan & Donato Consulting to collect reliable data and create a legally defensible survey for your litigation.
Our firm is a specialty research consultancy that develops and executes consumer surveys for attorneys and their clients regarding IP disputes. We provide the research, analysis, declarations, affidavits, and expert reports needed to support their trademark infringement and trade-dress litigation. Our expert team has also collaborated extensively on cases involving marketing, business, and financial issues.
For over 30 years, Keegan & Donato Consulting has designed and critiqued hundreds of consumer research studies across various industries for cases in state and federal courts, the TTAB, the NAD, arbitration hearings, and other specialty venues.
Services We Offer Our Valued Clients
- Design, execute, and present results of:
- surveys for trademark litigation;
- consumer perception, false and deceptive advertising, and various marketing surveys;
- Rebuttal and critique of trademark and marketing surveys;
- Damages and forensic economic analyses;
- Expert witness testimony.
Types of Trademark Surveys
Trademark surveys gather information about the way consumers think about trademarks. They can help show that consumers may be confused by a competitor’s use of a similar trademark and can be used as evidence in your case. Three common types of surveys are:
Likelihood of Confusion Survey: With a growing number of brands competing in the marketplace for share of mind, some confusion about the origin of goods or services being offered can be expected. A well-executed likelihood of confusion survey from Keegan & Donato Consulting can help you evaluate whether consumers are actually confused. This survey is the most commonly used in trademark infringement litigation.
Dilution Surveys: Dilution of a mark occurs when an infringing party uses a famous mark in a way that tarnishes its reputation or dilutes its strength by blurring its distinctiveness. We measure consumer recognition of a famous trademark with a survey asking respondents about their perceptions of the two marks.
As courts often lack concrete proof of consumer confusion, they rely on surveys as indirect evidence to determine potential infringement of trademarks or trade dress. To ensure the reliability of these surveys, it is crucial to seek assistance from professionals such as Keegan & Donato Consulting. Our meticulous adherence to well-structured guidelines in the design, execution, and analysis of surveys enhances their precision and likelihood of being deemed admissible by courts.
Trademark disputes can be complex and expensive, and litigation requires substantial evidence to support a trademark claim or defense. Building strong cases with consultants from Keegan & Donato Consulting can provide the valuable information you need. We have the expertise to deliver intelligence quickly within a wide range of budgets. Get in touch with us today at (914) 967-9421 to find out how we can help.