When you need a trademark survey expert in Los Angeles or elsewhere in the U.S., look for companies such as Keegan & Donato Consulting that have experience, training, and data-gathering expertise and will collaborate with you to understand the fundamental issues of your case.
Experience
Principals Mark Keegan and Anthony Donato offer plaintiffs and defendants more than 25 combined years of experience in consumer research studies in the context of intellectual property disputes.
Mr. Keegan’s experience in formulating case strategies in complex litigation involving business, marketing, economics, and financial issues on behalf of his clients, along with Mr. Donato’s experience in strategy, research, survey design and execution, and data analysis, create a unique blend of strategic and analytical skills.
We have developed surveys for plaintiffs and defendants across the nation on issues related to likelihood of confusion, secondary meaning, acquired distinctiveness, strength of mark, dilution, genericness, false advertising, and many other trademark and trade dress analyses.
Avoiding Survey Pitfalls
Consumer surveys are common in Lanham Act cases and are the most direct method of showing a likelihood of confusion among consumers in trademark infringement cases.
Surveys can also be a very useful tool for brand holders who want to gauge consumer perception of products or services; evaluate the buying habits of their target market; test the marketplace for a new brand name, logo or idea; and other key marketing issues.
While surveys can provide powerful and valid evidence, an overly broad survey that fails to address the key issues in a case, even if based on an accepted methodology, may be deemed inadmissible or given little weight.
Many consumer surveys are found by courts to contain flaws, such as asking leading, suggestive or ambiguous questions, under-inclusive or over-inclusive sampling of the consumer universe, sampling from the wrong geographic area, and so on. These flaws can reduce the weight that is given to the survey by the court.
For this reason, it is crucial to employ experts, such as Keegan & Donato Consulting, who can:
- conduct surveys with rigorous methodological principles
- document and support the choice of survey questions and sampling method
- minimize the possibility of bias
- carefully analyze the data gathered
- support the results with knowledgeable, reliable expert testimony
Our careful application of methodologically sound guidelines in the design, execution and analysis of surveys ensures accurate results and supported conclusions.
Expert Witness Testimony
You may also need an expert when the facts and issues of your case are not easily understood, or when a court would benefit from empirical evidence related to relevant issues in the case. Mr. Keegan and Mr. Donato have testimony experience as expert witnesses in a number of high-profile cases involving consumer behavior and trademark infringement.
Leading trademark survey experts, such as Keegan & Donato Consulting, can design and execute surveys that will withstand the rigors of your Los Angeles trademark litigation. Get in touch with us at (914) 967-9421 to learn more about our capabilities.