Trademark survey experts, like Keegan & Donato Consulting, provide the necessary expertise to develop a robust legal strategy for your case in Brookhaven, NY.
Who is Keegan & Donato?
Keegan & Donato Consulting is a highly experienced company specializing in trademark litigation. As a research consultancy, we design and conduct consumer-based surveys for attorneys nationwide and their clients in intellectual property disputes, and can provide you with the confidence you need in your legal strategy.
Our areas of expertise include:
- Likelihood of Confusion Analysis/Surveys
- Strength of Mark Analysis/Surveys
- Secondary Meaning Analysis/Surveys
- Lanham Act Analysis/Surveys
- Trade Dress Analysis/Surveys
- Consumer Understanding Studies
- Consumer Perception Analysis/Surveys
- Marketing, damages, and forensic economic analyses
- Critique of opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
- Expert Witness Testimony
We have been hired by prominent IP litigation firms across the United States, including Arent Fox in Washington, DC, Day Pitney LLP in New York City, Girard Gibbs LLP in San Francisco, and Giampolo Law Group in Philadelphia, to assist them in handling trademark infringement cases involving their clients.
Do You Really Need a Survey?
The Lanham Act serves as the legal foundation for most trademark claims. Consumer survey research effectively addresses the issues raised in these claims, exploring how consumers interpret and misinterpret names, symbols, and other marks used by businesses in commerce. Our process involves designing a survey, collecting data from a representative sample of consumers, and analyzing the results. The evidence gathered from such surveys can be highly compelling.
While the Lanham Act does not explicitly require litigants to present consumer surveys in Court, many judicial decisions have viewed the absence of survey evidence unfavorably and discussed its impact on their rulings.
For instance, in Pharmacia Corp. v. Alcon Labs, Inc., 201 F.Supp. 2d 335, 373 (DNJ 2002), the Court acknowledged that “Pharmacia is not legally required to conduct a confusion survey. But under the circumstances of this case, Pharmacia’s failure to conduct any confusion survey weighs against its request for a preliminary injunction. Such a failure, particularly when the trademark owner is financially able, justifies an inference that the plaintiff believes the results of the survey will be unfavorable.”
Similarly, in King-Size, Inc. v. Frank’s King-Size Clothes, Inc., 547 F.Supp. 1138, 1162 (SD Tex. 1982), the Court observed that “Plaintiffs did not present to the Court a survey or any other direct evidence of actual confusion. The Court views these omissions as both suspect and significant.”
In summary, while not mandatory under the Lanham Act, conducting a consumer survey can be highly advantageous in trademark disputes. The absence of survey evidence, however, can lead to adverse inferences and significantly impact the outcome of a case. Therefore, it’s crucial for litigants to consider the benefits of survey research to strengthen their position and present persuasive evidence.
Next Steps
As you research experienced trademark survey experts in Brookhaven, NY, rest assured that Keegan & Donato Consulting will work within your budget. Get in touch with us at (914) 967-9421. We will answer any questions you may have and deliver the survey evidence you need without breaking the bank.