When searching for a trademark survey expert to assist with intellectual property litigation in Chattanooga, TN, it is crucial to choose one that adheres to the courts’ standards in terms of design, execution, and analysis.
Keegan & Donato Consulting offers nationwide services to attorneys practicing in federal and state courts and before arbitration panels, the TTAB, the NAD, and other specialized venues. The principals, Mark Keegan and Tony Donato bring over 30 combined years of experience in survey methodologies, operational insight, and industry expertise to their clients.
We provide expert research, analysis, affidavits, and reports to support plaintiffs and defendants in trademark infringement litigation. Furthermore, we have extensive experience in cases involving business, marketing, and financial issues.
Consumer research studies offer valuable direct evidence on consumer perceptions that cannot be achieved through visual comparisons and expert testimony alone. Litigants often utilize these surveys to persuade the court regarding the existence (or non-existence) of consumer confusion between trademarks in cases of alleged infringement. Survey evidence can also significantly influence settlement negotiations.
How We Can Help
Keegan & Donato Consulting designs executes, analyzes, and presents the results of trademark litigation surveys for:
- Likelihood of Confusion
- Strength of Mark
- Acquired Distinctiveness
- Secondary Meaning
- Lanham Act Claims
Why You Need a Trademark Survey
The Lanham Act does not explicitly require litigants to present consumer surveys as evidence. However, you should be aware that many court rulings have noted the negative implications of not providing survey evidence and discussed how it influenced their decisions.
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 obligated to conduct a confusion survey. However, failing to do so, especially when the trademark owner has the financial means, raises suspicions that the plaintiff anticipates unfavorable survey results.”
Similarly, in King-Size, Inc. v. Frank’s King-Size Clothes, Inc., 547 F.Supp. The court observed 1138, 1162 (SD Tex. 1982) that “Plaintiffs did not present a survey or any other direct evidence of actual confusion to the court. These omissions are considered both questionable and significant.”
Why You Need a Survey Expert
Surveys often face scrutiny and criticism. The Courts thoroughly examine them for methodological flaws, such as issues with universe selection, interviewer bias, and suggestive language. These factors may lead a judge to discredit the survey or deem certain results inadmissible.
It is highly advisable to hire qualified survey experts to ensure the credibility of your survey data. Keegan & Donato Consulting specializes in conducting methodologically sound consumer research studies and providing expert testimony that meets the stringent standards of the Courts. Our expertise can serve as decisive evidence in your case.
When dealing with a trademark infringement case in Chattanooga, TN, it is crucial to have the right strategy in place. That’s where trademark survey experts like Keegan & Donato Consulting come in. We possess the knowledge and experience to help you develop a robust strategy tailored to your needs. Contact us at (914) 967-9421, and rest assured that we will work within your budget to provide the necessary assistance.