As you search for a trademark survey expert to assist you with IP litigation in Jacksonville, Florida, choose one that will meet the courts’ standards for design, execution and analysis.
Keegan & Donato Consulting provides nationwide service to attorneys practicing in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues. Principals Mark Keegan and Anthony Donato offer clients more than 25 combined years of proven survey methodologies, deep operational insight and broad 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.
Consumer research studies can provide direct evidence about consumer perceptions that is difficult to achieve with visual comparisons and expert testimony alone. Litigants often use these surveys to convince a court that consumer confusion exists (or does not exist) between trademarks when infringement is alleged. Survey evidence can also be influential in settlement negotiations.
What We Do for Our Valued Clients
- Design, execute and present the results of:
- trademark litigation surveys, including likelihood of confusion, secondary meaning, strength of mark, trade dress, genericness, fame, and others;
- false and deceptive advertising, consumer perception, and other types of marketing surveys;
- Critique and rebuttal of trademark and marketing surveys;
- Damages and forensic economic analyses;
- Expert witness testimony on consumer survey, marketing and economic issues.
Is a Survey Necessary?
Nothing in the Lanham Act requires litigants to introduce consumer surveys; however, a number of court decisions have drawn negative inferences from the absence of survey evidence and discussed how the absence impacted their decisions.
For example, in Pharmacia Corp. v. Alcon Labs, Inc., 201 F.Supp. 2d 335, 373 (D.N.J. 2002), the court noted that, “Pharmacia is not legally required to conduct a confusion survey. But … such a failure, particularly when the trademark owner is financially able, justifies an inference that the plaintiff believes the results of the survey will be unfavorable.”
Likewise, in King-Size, Inc. v. Frank’s King-Size Clothes, Inc., 547 F.Supp. 1138, 1162 (S.D. Tex. 1982), the court noted that, “Plaintiffs did not present to the Court a survey or any other direct evidence of actual confusion. The Court views these omissions as both suspect and significant.”
Cost of Trademark Surveys
Keegan & Donato Consulting’s consumer research studies are custom-designed to meet the needs of each individual case. This often involves targeting specialized populations of respondents and developing unique designs to address the specific issues of importance in the case, factors that affect the time and level of difficulty of executing a study, as well as its overall cost.
Most of our consumer studies cost between $30,000 and $80,000 to complete, and $55,000 is the most typical cost. We work on a fixed rate or hourly basis depending on your needs, and will work with you to design a survey that is both reliable and within your budget. We will always provide you with an estimate of project costs prior to engagement.
As you look for a trademark survey expert to design and execute a reliable consumer research study to bolster your Jacksonville case strategy, get in touch with Keegan & Donato Consulting at (914) 967-9421 to find out how we can help.