Trademark surveys often play a crucial role in successfully resolving a dispute, but, when you face tough survey evidence, the critique and rebuttal of an opposing expert’s studies and reports can be equally influential.

Keegan & Donato Consulting is a specialty research consultancy based in beautiful Rye, New York. Principals Mark Keegan and Tony Donato offer more than 25 years of combined experience and education in consumer-based survey research and data analysis in the context of intellectual property disputes.

The firm’s vast experience includes conducting consumer-based surveys to test a wide variety of Lanham Act claims, such as likelihood of confusion, strength of mark, secondary meaning, acquired distinctiveness, trade dress, and others, false and deceptive advertising, consumer perception, and expert witness testimony on consumer survey, marketing and economic issues.

We provide a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and/or trial, and rebuttal and critique of opposing parties’ surveys when applicable.

Keegan & Donato Consulting has collaborated with firms that manage some of the largest trademark portfolios in the world, such as Girard Gibbs LLP in San Francisco, Fox Rothschild LLP in New Jersey and Philadelphia, Hogan Lovells in Washington, DC, and Riemer & Braunstein LLP in Boston.

Survey Critique and Rebuttal

With an unparalleled knowledge of the science and methodology behind consumer research surveys, Mr. Keegan and Mr. Donato offer extensive experience in the critique and rebuttal of surveys that cover a wide range of issues.

When you are confronted with a consumer study that appears well-executed and convincing, we have the expertise to identify small and large methodological flaws and provide expert analysis that could bolster your case. Our analysis may include examination of the:

• Survey design and methodology
• Opposing expert’s credentials and training
• Type, wording, ordering and structure of the questions
• Process used to define the survey universe
• Sampling frame used to identify the population
• Method of screening and selecting survey respondents
• Procedures used to minimize potential data collection biases
• Method of analyzing and reporting the survey data

Expert Witness Testimony

If you need an expert when the facts and issues of your case are not easily understood, or when a court would benefit from empirical evidence related to relevant issues in the case, Mr. Keegan and Mr. Donato have testimony experience as expert witnesses in a number of high-profile cases involving consumer behavior and trademark infringement.

Whether you are interested in critique or rebuttal to expose a study’s methodological flaws or want to run a trademark survey of your own to strengthen your case, take advantage of our extraordinary expertise by contacting Keegan & Donato Consulting at (914) 967-9421. We can deliver intelligence quickly and within a wide range of budgets.