If you need a trademark survey expert in California to help you develop a powerful case strategy, Keegan & Donato Consulting can provide the expertise you need.

Relying on a combined 30-plus years of proven survey methodologies, deep operational insight, and vast industry experience, principals Mark Keegan and Tony Donato provide expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants in support of trademark infringement litigation, and have collaborated extensively on cases involving business, marketing, and financial issues.

Our specialties include:

• Likelihood of Confusion Analysis & Surveys
• Strength of Mark Analysis & Surveys
• Secondary Meaning Analysis & Surveys
• Lanham Act Analysis & Surveys
• Trade Dress Analysis & Surveys
• Consumer Perception Analysis & Surveys
• Consumer Understanding Studies
• Marketing, damages, and forensic economic analyses
• Expert Witness Testimony
• Critiqueof opposing experts’ studies and reports
• Advice on deposition and trial questioning of opposing experts

We have partnered with leading firms across the nation, including Blood Hurst & O’Reardon LLP (San Diego), Ropes & Gray LLP (Washington, DC), SmithAmundsen LLC (Chicago), and Notaro, Michalos & Zaccaria PC (New Jersey), on litigation surveys that have been entered into evidence in matters involving a wide variety of products and services.

The Value of a Trademark Survey

If you are debating whether or not you need a trademark survey to support your case strategy, consider that the court may accept as fact testimony presented by an opposing expert unless you offer an alternative.

In Classic Liquor Importers, LTD v. Spirits International B.V., No. 15 Civ. 6503 (JSR), Dist. Court, S.D. New York 2016, for example, product quality was at issue in the case. The Court disregarded this factor, however, stating that, “without the aid of consumer survey evidence or expert testimony, the Court is unable to draw any conclusions as to the respective quality of the products.”

The defendant, Spirits International B.V., also pursued a Lanham Act counterclaim of false advertising. However, “it did not commission a consumer survey” and could not point to reliable evidence of consumer deception or confusion. The Court granted the plaintiff’s motion for summary judgment on this counterclaim.

Courts also take great care to verify whether the survey design or methodology was flawed in any way. If not based on sound methodology, it may be given little weight. In Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1142, 1144-50 (10th Cir. 2013), there is a lengthy discussion about the Court’s conclusion that survey evidence submitted by the defendant, “had too many methodological flaws to be of any probative value.”

The fact that survey evidence plays a significant part in your case calls for hiring a qualified survey expert, one who will be able to withstand cross-examination and explain his or her survey methodology in a clear and concise manner.

As you look for a trademark survey expert who can help strengthen your California case strategy, reach out to Keegan & Donato Consulting by calling us at (914) 967-9421.  We work on a fixed rate or hourly basis depending on the needs of each client, and will help you design a reliable, methodologically sound consumer study.