Keegan & Donato Consulting assists attorneys and their clients with trademark survey critiques when they are confronted with flawed studies from opposing experts.
We have designed, executed, and critiqued hundreds of surveys that have been admitted into evidence in state and federal courts, at arbitration, and to the TTAB, and have extensive testimony experience.
Keegan & Donato Consulting’s exceptional knowledge of the science and methodology behind consumer research surveys allows us to identify flaws and weaknesses which may not be apparent to an untrained eye, but may help you rebut the credibility of opposing experts’ work in the context of trademark litigation.
Our methodologically sound surveys and meticulous analytical skills have assisted firms across the nation, such as Stanley, Mandel & Iola, LLP in San Diego, Reed Smith LLP in Chicago, Riemer & Braunstein LLP in Boston, and Day Pitney LLP in New York City, develop effective rebuttal strategies.
The Value of Expert Consumer Survey Critiques
Consumer surveys can be valuable tools in trademark litigation, but no survey is perfect, and none is immune to criticism. Flawed surveys continue to receive the critical attention of the courts and may be given little weight or excluded from evidence altogether.
Results that, for example, are not designed to survey the right universe, are based on ambiguous, leading or subjective questions, fail to accurately report the data gathered, or are otherwise not scientifically valid, can be rendered inadmissible or given little weight by the court.
Keegan & Donato Consulting can provide you with guidance about these and other weaknesses in an adversary’s survey evidence to rebut the study itself. We can also advise you on how to approach an opposing expert’s deposition with specific survey-related issues that can be addressed and areas of questioning about survey research in general. These services can be of remarkable value to your client.
Because the circumstances of each case are unique, we approach survey design and critique 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.
Principals Mark Keegan and Anthony Donato have 25 years of combined experience and education in consumer-based survey research and data analysis, and follow a solid methodological foundation in survey design, execution and presentation.
We utilize an industry-leading online survey software platform that facilitates the programming and execution of sophisticated survey designs, including complex skip logic and advanced rotation and randomization of questions, answer options, and stimuli.
Whether you are interested in trademark survey critiques to expose methodological flaws in a study or decide to run a counter-survey of your own, take advantage of our extraordinary expertise by contacting Keegan & Donato Consulting at (914) 967-9421.
Learn more about our services: