As you look for a trademark survey expert to assist in your Ohio litigation, consider Keegan & Donato Consulting. We can deliver persuasive consumer survey evidence that will stand up to judicial scrutiny.
The principals of Keegan & Donato Consulting – Mark Keegan and Tony Donato – have extensive strategic and analytical skills and 30+ years of combined expertise in designing, executing and critiquing consumer research studies in the context of litigation.
We have assisted well-known IP litigation firms, such as Duane Morris LLP in San Francisco, Cooley LLP in Palo Alto, CA, Hogan Lovells in Washington, DC, and Debevoise & Plimpton LLP in New York City, develop effective case strategies.
In addition to our consumer survey design capabilities, we provide services across many different industries 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
The Value of Hiring a Survey Expert
Survey evidence can be powerful, but consumer surveys are typically not accepted without challenge. Courts demand accurate, real-world data, and a poorly designed and methodologically flawed survey can result in partial or full exclusion from the case. Hiring qualified survey experts will help prevent your survey from coming under attack.
In Cumberland Packing Corp. v. Monsanto Co., 140 F.Supp.2d 241 – Dist. Court, E.D. New York (2001), for example, “the court determined that the results of the [plaintiff’s] surveys were unreliable because of serious flaws in the protocol and methodology,” and ruled in favor of the defendant.
In Troublé v. Wet Seal, Inc., 179 F.Supp.2d 291 – Dist. Court, S.D. New York (2001), the court excluded the survey results offered by the defendant in their entirety. “Given the lack of a proper universe and sample, the poor choice of location, the lack of proper stimuli, and questions that have little or no relevance to issues in the case, the Court finds that the prejudicial effect of [defendant’s] survey substantially outweighs its probative value.”
Are Trademark Surveys Expensive?
Keegan & Donato Consulting’s consumer research studies are custom-designed to meet the needs of your unique case. This may involve targeting specialized populations of respondents and developing unique designs to address the specific issues of importance in the case, factors that affect the time and level of difficulty of executing a study and its overall cost.
Most of our consumer studies cost between $30,000 and $80,000 to complete, and $55,000 is the most typical cost. We work on a fixed rate or hourly basis depending on your needs and will work with you to design a survey that is both reliable and within your budget.
When you need a survey expert in Ohio to help develop a powerful trademark infringement case strategy, Keegan & Donato Consulting can provide the expertise you need. Contact us at (914) 967-9421 to learn more.