When you need a highly qualified trademark survey expert to help you develop a powerful strategy for your trademark litigation in Houston, look no further than Keegan & Donato Consulting.
Keegan & Donato Consulting provides a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and/or trial, and rebuttal of opposing parties’ surveys when applicable.
Our Consumer Survey Specialties
Keegan & Donato Consulting designs and executes consumer surveys to ensure that the evidence you introduce in your trademark infringement case will hold up to scrutiny from courts and opposing experts.
Likelihood of Confusion: One primary purpose of a trademark is to prevent consumer confusion. However, thanks to a mounting number of brands competing for share of mind in the marketplace, some confusion is inevitable. A well-executed standard or custom survey from Keegan & Donato Consulting can help you assess whether consumers are indeed confused.
Secondary Meaning: Descriptive marks are not typically protectable as trademarks unless they have acquired a secondary meaning. We design consumer research surveys that target relevant consumers in your client’s market and help you determine the extent to which consumers associate a contested mark with one or more sources.
Acquired Distinctiveness: When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and widespread commercial use.
Dilution: Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness. We can directly measure consumer recognition of a famous mark with a survey.
False Advertising: Issues raised in the Lanham Act, such as false advertising or labeling, are well-suited to testing through consumer surveys by addressing the ways in which consumers interpret – and misinterpret – names, symbols, and other marks used by businesses in commerce.
Trade Dress: Trade dress, like a trademark, is protectable under the Lanham Act. Conducting a consumer survey can help you gather the evidence to prove whether the trade dress in question has established secondary meaning or is likely to cause confusion in the marketplace.
Keegan & Donato Consulting can help you solve your biggest IP litigation and marketing research challenges with the actionable insight that can be gained from a consumer survey designed by highly qualified experts who can quickly deliver intelligence within a wide range of budgets.
When your intellectual property litigation in Houston calls for a trademark survey expert, look no further than Keegan & Donato Consulting. No matter your budget or your needs, contact us today at (914) 967-9421 to take advantage of our extensive training, expertise, and data-gathering capabilities.