If you are an attorney in New Jersey who needs litigation support related to trademark infringement, take advantage of the extraordinary expertise of Keegan & Donato Consulting.
Keegan & Donato Consulting is a specialty research consultancy located in beautiful Rye, New York. We provide a comprehensive 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.
With more than 25 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 Giampolo Law Group in Philadelphia, Schepisi & McLaughlin, P.A. in New Jersey, Hogan Lovells in Washington, DC, Arnold & Porter LLP in San Francisco, and Riemer & Braunstein LLP in Boston.
What Consumer Surveys Can Measure
Surveys can be instrumental in measuring issues related to intellectual property matters and providing evidence of infringement.
Consumer survey research is an excellent way to address likelihood of confusion. A well-designed survey can provide direct scientific evidence of the extent to which the consuming public believes there is a relationship between the plaintiff’s and the defendant’s mark, brand, or product that could create confusion.
Secondary meaning, which occurs when the consuming public associates a descriptive word, name, slogan, or symbol with a single source. This is a powerful indication that a mark has been elevated in the minds of consumers as a distinctive identifier of a specific brand. Many courts have recognized that consumer surveys are one of the best ways to show secondary meaning.
Acquired distinctiveness can also be measured by a consumer survey. Descriptive marks typically cannot be granted trademark protection but may become protectable when they acquire distinctiveness or when the public associates them with a particular set of services and goods. Examples include Best Buy® for consumer electronics. This is usually a result of extensive advertising and widespread commercial use.
Trademark law protects distinctive marks, and the levels of protection are directly related to the strength of the mark. With consumer surveys, we can measure the level of consumer recognition of a mark or brand.
Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting, which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.
In addition to consumer surveys, the firm provides services in these and other areas:
- Full-service data gathering and reporting
- Marketing, damages and forensic economic analysis
- Collaboration on complex commercial litigation issues
- Pilot studies and exploratory research
- Critique of opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
To learn more about survey design and whether a trademark survey expert could help strengthen your IP case in New Jersey, get in touch with Keegan & Donato Consulting at (914) 967-9421. We will work within your budget to get you the results you need.