Keegan & Donato Consulting provides trademark survey consulting throughout the nation to law firms and their clients who are involved in intellectual property litigation.
With 25 years of experience in consumer-based survey research, marketing analysis, intellectual property, damages analysis, forensic economic analysis, and related subjects, our methodologically sound surveys and expert analysis will help you develop a powerful case or rebuttal strategy.
Keegan & Donato Consulting, located in Rye, New York, just outside Manhattan, has designed, executed, and critiqued hundreds of surveys that have been admitted into evidence in federal and state courts, at arbitration, and to the Trademark Trial and Appeal Board (TTAB). Principals Mark Keegan and Anthony Donato have extensive testimony experience.
Our firm specializes in a wide range of trademark and trade dress analyses and surveys, including (but not limited to):
- Likelihood of Confusion Analysis
- Trademark Confusion Surveys
- Strength of Mark Analysis
- Trademark Similarity Surveys
- Trademark Secondary Meaning Surveys
- Acquired Distinctiveness Trade Dress Surveys
- Lanham Act Surveys
- Trademark Dilution Surveys
- Genericness Surveys in Trademark Disputes
- Trade Dress Surveys
- Consumer Perception Surveys
- Consumer Understanding Studies
- False Advertising Surveys
- Trademark Survey Critiques
- Trademark Survey Rebuttals
We have developed surveys for and collaborated with firms that manage some of the largest trademark portfolios in the world, such as Cooley LLP in San Diego, Fox Rothschild LLP in New Jersey and Philadelphia, and Debevoise & Plimpton LLP in New York City.
Trademark Survey Methodology
Consumer surveys often play a pivotal role in successfully resolving trademark disputes, but many are never admitted into evidence, primarily because they were poorly designed and lacked objectivity. The result is that they are given little weight and rendered useless as evidence.
To avoid these pitfalls and satisfy judicial and adversarial scrutiny, Keegan & Donato Consulting follows survey design, execution and presentation best practices. Our consumer surveys direct objective, non-leading questions to an appropriate universe of consumers. Procedures are in place to minimize potential biases in data collection, and services include a full analysis and reporting of survey data.
Because the circumstances of each case are unique, we approach survey design on a case-by-case basis. We work closely with our clients to understand the key issues driving the case, and work to maximize the value of consumer survey evidence to the overall case strategy.
If you are interested in trademark survey consulting to help support or contest an allegation of infringement, contact Keegan & Donato Consulting at (914) 967-9421 to take advantage of our expertise in consumer psychology and consumer research.
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