When you need a trademark survey expert to assist you with your Minnesota case, the Keegan & Donato Consulting team can provide you with litigation surveys, survey rebuttals, and expert testimony in a wide range of matters.
Located in beautiful Rye, New York, Keegan & Donato Consulting is a specialty research consultancy. We provide a comprehensive suite of services, including consulting on litigation strategy for both plaintiff and defendant clients across the nation, 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.
With more than 30 years of combined experience in the field, principals Mark Keegan and Tony Donato have developed surveys for and collaborated with firms that manage some of the largest trademark portfolios in the world, such as Hogan Lovells in Washington, DC, Giampolo Law Group in Philadelphia, Schepisi & McLaughlin, P.A. in New Jersey, Arnold & Porter LLP in San Francisco, and Riemer & Braunstein LLP in Boston.
Our specialties include:
- Likelihood of Confusion Analysis & Surveys
- Strength of Mark Analysis & Surveys
- Secondary Meaning Analysis & Surveys
- Lanham Act Analysis & Surveys
- Trade Dress Analysis & Surveys
- Consumer Perception Analysis & Surveys
- Consumer Understanding Studies
- Marketing, damages and forensic economic analyses
- Expert Witness Testimony
- Critiqueof opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
How Survey Flaws Could Damage Your Case
An overly broad survey that fails to address the key issues in a case, asks leading, suggestive or ambiguous questions, samples from the wrong geographic area, etc., even if based on an accepted standard methodology, may be deemed inadmissible or given little weight.
For example, in Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), the plaintiff’s surveys were deemed inadmissible because the Court determined them to be unscientific and poorly constructed. The survey expert was also rejected as unqualified “to design a survey or to interpret survey results.”
In Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1142, 1144-50 (10th Cir. 2013), there is a lengthy discussion about the Court’s conclusion that survey evidence submitted by the defendant, “had too many methodological flaws to be of any probative value.”
Hiring qualified survey experts, such as Keegan & Donato Consulting, will have a significant impact on whether the court deems your survey results admissible.
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 you need a trademark survey expert witness or a consulting expert in connection with your case strategy in Minnesota, Keegan & Donato Consulting will work to deliver the assistance you need. Get in touch with us today at (914) 967-9421.