Trademark infringement can significantly affect businesses, making proactively protecting your brand essential. One effective method is collaborating with trademark survey experts such as Keegan & Donato Consulting. By gathering dependable data and developing a legally defensible survey, we can help you strengthen your case in litigation in Brooklyn Park, MN.
We are a unique research consultancy that creates and implements consumer surveys for lawyers and their clients involved in intellectual property disputes. Our services encompass a wide range of support, including conducting research, analyzing data, preparing declarations and affidavits, and producing expert reports. We specialize in assisting with trademark infringement and trade-dress litigation.
Our Survey Methodology
Keegan & Donato Consulting takes a unique survey design and evaluation approach, tailoring our methods to each case. We work closely with our clients to fully understand the key issues driving their cases and ensure that consumer survey evidence adds maximum value to their overall case strategy.
Our surveys are designed, executed, and presented following best practices to meet judicial and adversarial scrutiny. We carefully craft non-leading questions appropriate for the specific consumer population being surveyed. We have procedures to minimize biases in data collection, and our comprehensive services include thorough analysis and reporting of survey results.
We utilize an industry-leading online survey software platform to facilitate the programming and execution of complex survey designs, including advanced skip logic and randomized questionnaires, answer options, and stimuli.
When obtaining survey samples, we rely on top marketing research companies maintaining large online consumer panels of millions of members. These companies are highly regarded in the industry and are trusted by leading marketing research firms in the United States.
Issues Trademark Surveys Can Measure
Surveys are crucial in providing evidence of infringement and assessing various aspects of intellectual property matters.
Consumer survey research can effectively address the issue of likelihood of confusion. By conducting a well-designed survey, direct scientific evidence of the extent to which consumers perceive a connection between the plaintiff’s and the defendant’s mark, brand, or product can be obtained.
Consumer research studies can also measure secondary meaning, which occurs when consumers associate a mark that is otherwise descriptive with a specific source. This can strongly indicate that the mark has transitioned from being merely descriptive to becoming a distinctive identifier of a brand in the minds of consumers.
Consumer surveys can also measure acquired distinctiveness. When a mark becomes distinctive, it can function as a trademark because consumers associate it with a particular source of goods and services. This typically occurs as a result of extensive advertising and widespread commercial use.
Consumer surveys are particularly well-suited for testing Lanham Act claims. By utilizing a well-designed study conducted by Keegan & Donato Consulting, you can strengthen your case and provide compelling evidence to support your claims under the Lanham Act.
Next Steps
As you research experienced trademark survey experts in Brooklyn Park, MN, 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 and deliver the survey evidence you need without breaking the bank.