If you are in the midst of IP litigation in Georgia, or elsewhere in the U.S., discover how a trademark survey expert like Keegan & Donato Consulting can help you prove or disprove trademark infringement.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced companies in the field of trademark litigation.
With more than 30 years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato provide expert research, expert reports, and testimony on behalf of plaintiffs and defendants in support of trademark infringement litigation.
We are members in the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), and ESOMAR, the leading global association for market, social and opinion researchers,
Why Survey Methodology is Important
A consumer survey for the purposes of a trademark matter is a systematic way to collect information from (a sample of) a target population of consumers for the purposes of assessing the opinions and expectations of the larger population of which those consumers are members.
The target population typically includes the prospective purchasers of a product or product line in question or users of a particular service as well as past and present customers and users.
Surveys in trademark matters are complex and must meet strict standards:
- The survey population must be properly chosen and defined and utilize a sample that accurately represents the population.
- The questions asked must be clear, concise and unambiguous.
- The data must be accurately collected and reported.
- The data must be analyzed against statistical principles.
- The survey process must be conducted with a goal of maintaining objectivity.
One of the most important steps in the process is to target the relevant survey population. Courts disqualify surveys more often for this single factor than any other factor. Courts require accurate, real-world data. Poor designs and methodological flaws can result in partial or full exclusion of survey evidence from a case.
For example, in Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. PA. May 10, 2016), plaintiff Parks claimed that the defendant’s “Park’s Finest” sausages and hot dogs infringed on its “Ball Park Franks” brand.
The Court criticized methodological flaws in a consumer survey submitted by Parks, stating that it “was not probative of secondary meaning” and “was not directed at the appropriate universe of consumers.” Tyson Foods, on the other hand, introduced a consumer survey that showed little evidence of consumer confusion between its Park’s Finest sausages and Parks brand sausages. Tyson Foods prevailed.
Keegan & Donato Consulting obtains survey samples from prominent marketing research companies that are top providers of survey sample in the U.S. and maintain multi-million-member online consumer panels.
Our goal is to obtain high quality information that is a representative sample of the targeted population, and we have stringent procedures in place to minimize potential biases in data collection.
When you need an experienced trademark survey expert in Georgia, get in touch with Keegan & Donato Consulting today at (914) 967-9421. We can work within your budget to deliver the survey evidence you need.