If you are located in Louisville, Kentucky and looking for a trademark survey expert to provide research, analysis, affidavits, declarations and expert reports in support of trademark infringement and trade dress litigation, Keegan & Donato Consulting can help.
Keegan & Donato Consulting specializes in a wide range of trademark and trade dress analyses and surveys. We design, execute and analyze consumer research studies that will withstand the rigors of litigation and prove likelihood of confusion, strength of mark, secondary meaning, acquired distinctiveness, dilution, genericness, and other Lanham Act issues.
We work on behalf of both plaintiffs and defendants to provide research, analysis, affidavits, declarations, expert reports, and rebuttal reports as needed in support of trademark infringement and trade-dress litigation, and have collaborated extensively on cases involving marketing, business and financial issues.
With a combined 25-plus years of experience in conducting consumer research studies, and membership 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, principals Mark Keegan and Tony Donato have wide-ranging skills and tools that can help you strengthen your case.
Value of Survey Evidence
Consumer survey evidence can play a significant part in your case and calls for hiring a qualified survey expert. Surveys continue to receive the critical attention of the courts, and it is crucial to choose an expert who will be able to withstand cross-examination and explain his or her survey methodology in a clear and concise manner.
In Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. PA. May 10, 2016), for example, Parks sued Tyson Foods, claiming that the “Park’s Finest” sausages and hot dogs manufactured by Tyson’s Hillshire Brands division infringed on its “Ball Park Franks” brand.
The Court was critical of methodological flaws in a consumer survey submitted by Parks. 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.
Survey Best Practices
Some of the industry best practices that Keegan & Donato Consulting builds into the firm’s survey designs include:
- Appropriate universe selection and sampling frame;
- Inclusion of representative, qualified respondents;
- Use of procedures to minimize potential biases in data collection;
- Use of objective, non-leading questions;
- Use of procedures to reduce guessing among respondents; and
- Full analysis and reporting of survey data.
We employ both classic survey designs and develop innovative custom survey designs to suit each client’s needs. Our industry-leading online survey software platform facilitates the programming and execution of advanced survey designs, including complex skip logic and advanced rotation and randomization of questions, answer options, and stimuli.
As you evaluate trademark survey experts to support your Louisville case or to contest an allegation of infringement, consider Keegan & Donato Consulting. Get in touch with us at (914) 967-9421 to learn more about our services.