When you need a survey expert to support your trademark litigation in Bridgeport, CT, Keegan & Donato Consulting can help. Hiring us will have a significant impact on whether the court deems your survey results admissible.
Why Choose Keegan & Donato Consulting?
Primarily through survey evidence, highly qualified experts, such as Keegan & Donato Consulting, can help establish whether or not competing marks are likely to confuse consumers; whether or not a descriptive mark has acquired secondary meaning; whether or not a mark is famous; and whether or not one brand’s mark is likely to cause dilution.
Expert advice can also be crucial for making the most of fact discovery, framing discovery requests, and identifying issues to investigate in depositions, as well as to identify flaws and weaknesses in a study that may help you refute the credibility of an expert’s work. Keegan & Donato Consulting can provide expert analysis for rebuttal.
Most of our consumer studies cost between $30,000 and $80,000 to complete, and $55,000 is the most typical cost. We work on a fixed rate or hourly basis depending on your needs and will work with you to design a survey that is both reliable and within your budget.
Issues Trademark Surveys Can Measure
Surveys can be very useful in attempting to measure a number of issues related to intellectual property matters and provide evidence of infringement.
Likelihood of confusion is a common issue addressed by consumer survey research. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe there is a relationship between the plaintiff’s and the defendant’s mark, brand, or product.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, can be measured by means of a consumer research study, and may provide a strong indication that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
Acquired distinctiveness can be measured with consumer survey research. When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and widespread commercial use.
Lanham Act issues are particularly well-suited to testing through consumer research. Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.
Our Survey Methodology
To satisfy judicial and adversarial scrutiny, we follow survey design, execution and presentation best practices. Our consumer research studies 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.
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.
If you believe a trademark survey expert could support your intellectual property litigation in Bridgeport, CT, get in touch with Keegan & Donato Consulting at (914) 967-9421 to take advantage of our training, expertise, and data-gathering expertise.