If you are involved in litigation over a competitor’s unfair use of a similar trademark, consumer survey experts like Keegan & Donato Consulting in New York can help you address the issue of consumer confusion from a scientific perspective, and provide empirical data to bolster your case.
Keegan & Donato Consulting, located in Rye, New York, has designed, executed, and rebutted a vast number of surveys that have been admitted into evidence by attorneys practicing in federal and state courts, before arbitration panels, the Trademark Trial and Appeal Board (TTAB), and other venues.
We can work within your budget to deliver the survey evidence you need. We have been engaged by leading IP litigators both in New York, such as Duane Morris LLP, Day Pitney LLP, Lieff Cabraser Helmann & Bernstein LP, and Debevoise & Plimpton LLP, and attorneys throughout the nation.
We specialize in a wide range of trademark and trade-dress analyses and surveys, such as:
- Likelihood of Confusion Surveys –We measure likelihood of confusion through classic survey designs and by crafting unique custom surveys to meet our clients’ needs. Keegan & Donato Consulting has designed and critiqued hundreds of likelihood of confusion studies for the purpose of ascertaining whether or not consumers are confused by a party’s use of a contested mark.
- Strength of Mark Surveys – Consumer surveys are often useful in determining the extent to which consumers have familiarity with a brand. If your case involves strength of mark, it may benefit from a survey that measures consumer reaction to the mark and demonstrates the level of consumer recognition of the mark.
- Secondary Meaning Surveys – Proving secondary meaningcan be a crucial step in trademark litigation. We can help you bolster your case strategy by designing a consumer research survey to target relevant consumers in your client’s market and determine the extent to which consumers associate a contested mark with a single or multiple sources.
- Acquired Distinctiveness Surveys – Trademark law provides great protection to distinctive or strong trademarks. Consumer research data can assist in proving that your client’s mark has achieved acquired distinctiveness and is not likely to cause confusion about the origin of good or services associated with the mark.
- Lanham Act Claims –A methodologically sound consumer research study can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real world impact on consumers. A survey conducted by Keegan & Donato Consulting can strengthen your Lanham Act case.
Studies by Keegan & Donato Consulting also examine related issues, including the extent to which particular marketing claims influence consumer demand for a product, how marketing communications impact consumer likelihood of purchase, and the relationship between marketing communications and the consumer’s willingness to pay a premium for a product.
Our capabilities include state-of-the art survey designs that are probative of the relevant issues in each case, have the ability to target specific consumer populations with appropriate universe selection and sampling frames, and feature cutting-edge rotation and randomization of hundreds of question types with customizable complex skip and display logic when appropriate.
When you need a trademark survey expert to support an allegation of infringement or rebut the results of an adversary’s survey in New York proceedings or elsewhere in the nation, call Keegan & Donato Consulting at (914) 967-9421 to take advantage of our incomparable expertise in consumer research.