When you need a trademark survey expert in Detroit, take advantage of the extraordinary expertise of Keegan & Donato Consulting.
Keegan & Donato Consulting provides service to attorneys practicing in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues. Principals Mark Keegan and Tony Donato offer clients more than 25 combined years of proven survey methodologies, deep operational insight, and extensive industry experience.
We 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 research is focused on collecting empirical data from relevant consumers through methodologically-sound, scientific, industry-accepted principles of survey research.
With skillful analysis, Keegan & Donato will ensure the admissibility and persuasiveness of the survey results and help you develop a powerful case or rebuttal strategy. We would be pleased to advise you on the best approach for your particular trademark survey or provide you with an objective evaluation of survey research that already exists.
A Flawed Survey Can Damage Your Case
Consumer surveys are important in determining whether competing marks are likely to confuse consumers, whether a descriptive mark has acquired secondary meaning, whether a mark is famous, and whether one mark is likely to dilute a competing mark.
Surveys are highly susceptible to criticism, however, and you can expect the courts to scrutinize them for methodological flaws. Sample selection issues, interviewer bias, and suggestive wording may cause a judge to attribute little weight to the survey or deem some or all of the results inadmissible.
In Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1142, 1144-50 (10th Cir. 2013), for example, there is an extensive discussion wherein the Court excludes the defendant’s survey evidence after concluding that it “had too many methodological flaws to be of any probative value.”
In Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), the Court deemed the plaintiff’s surveys inadmissible after finding them to be unscientific and poorly constructed. The Court also rejected the plaintiff’s survey expert as “unqualified to design a survey or to interpret survey results” [see 45 F.Supp.3d 1167-1170].
For reasons such as these, it is crucial to hire qualified survey experts, such as Keegan & Donato Consulting. We have been engaged by leading IP litigation firms from coast to coast, such as Day Pitney LLP in New York City, Giampolo Law Group in Philadelphia, Arent Fox in Washington, DC, and Girard Gibbs LLP in San Francisco to help them navigate the trademark infringement cases their clients face.
The expert services of trademark survey companies like Keegan & Donato Consulting can have a significant impact on your client’s case in Detroit. Contact us today at (914) 967-9421 to take advantage of our extensive training, expertise, and data-gathering capabilities.