In complex IP litigation matters in North Carolina, it can be extremely important to have a knowledgeable, experienced and well-trained trademark survey expert or consultant on your side.
Keegan & Donato Consulting works on behalf of both plaintiffs and defendants nationwide 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.
What Can Trademark Surveys Measure?
Surveys can be very useful for measuring a number of issues related to intellectual property matters because they can provide crucial information about how consumers perceive marks, product designs, colors, websites, and other stimuli. For example:
- Likelihood of confusion: A well-designed survey can provide direct scientific evidence of the extent to which consumers are confused by a relationship between the parties’ marks, brands or products.
- Secondary meaning: Secondary meaning can be measured by means of a consumer survey, and may provide strong evidence that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
- Acquired distinctiveness: When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. Consumer surveys can help determine whether the mark is distinctive enough not to cause confusion.
Our team follows established principles of consumer survey research starting with a rigorous and valid survey design that explores the relevant issues in each case. Some of the industry best practices we build into our 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 classic survey designs and can develop innovative custom survey designs to meet your 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.
Keegan & Donato Consulting can also help you analyze the economic, financial or technical complexities of your case; assist in your assessment of different case strategies; determine which deposition questions to ask; help you prepare a testifying expert for deposition and trial; or critique the potential weaknesses in an adversary’s survey evidence in a rebuttal report.
Rebuttals & Critiques
Keegan & Donato Consulting also has extensive experience in rebutting surveys submitted by opposing experts that cover a wide range of issues. If you are confronted during litigation with a research study that may not have been designed or executed properly, we can identify small and large methodological flaws and provide expert analysis for rebuttal.
When you need a trademark survey expert to assist you with litigation in North Carolina, Keegan & Donato Consulting can help you meet the courts’ requirements for survey design, execution and analysis. Get in touch with us today at (914) 967-9421 to explore our wide range of services.