Trademark infringement is rising. If you need a trademark survey expert to assist with your IP litigation in Pennsylvania, consider Keegan & Donato Consulting. Our trademark litigation surveys and expert witness testimony will help ensure that the evidence you introduce in your case holds up to scrutiny from courts and opposing experts.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced companies in the field of trademark litigation.
With more than 30 combined years of experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato provide expert research, expert reports, and testimony on behalf of plaintiffs and defendants in support of trademark infringement litigation.
We are members of the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), and ESOMAR, the leading global association for market, social and opinion researchers,
Our specialties include:
- Lanham Act Analysis & Surveys
- Likelihood of Confusion Analysis & Surveys
- Strength of Mark Analysis & Surveys
- Secondary Meaning Analysis & Surveys
- Trade Dress Analysis & Surveys
- Consumer Perception Analysis & Surveys
- Consumer Understanding Studies
- Marketing, damages, and forensic economic analyses
- Critiqueof opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
- Expert Witness Testimony
How a Survey Expert Can Help
Surveys are highly susceptible to criticism and you can expect the courts to scrutinize them for methodological flaws such as leading, suggestive or ambiguous questions; under-inclusive or over-inclusive sampling of the consumer universe; or sampling from the wrong geographic area. These flaws may cause a judge to attribute little weight to the survey or deem some or all of it inadmissible.
For example, in Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1142, 1144-50 (10th Cir. 2013), there is an extensive discussion wherein the Court excludes the defendant’s survey evidence after concluding that it “had too many methodological flaws to be of any probative value.”
In Dardenne v. MoveOn.org, Civil Action No. 14-00150-SDD-SCR, Dist. Court, M.D. Louisiana (2014), the court placed “little weight on the (plaintiff’s) survey results for the reason that the survey’s methodology was fundamentally flawed in both its sampling and the questions employed.”
For reasons such as these, it is crucial to hire qualified survey experts, such as Keegan & Donato Consulting. We have been engaged by leading IP litigation firms from coast to coast, such as Giampolo Law Group in Philadelphia, Day Pitney LLP in New York City, Arent Fox in Washington, DC, and Girard Gibbs LLP in San Francisco to help them navigate the trademark infringement cases their clients face.
When your intellectual property litigation in Pennsylvania calls for a trademark survey expert, look no further than Keegan & Donato Consulting. No matter your budget or your needs, contact us today at (914) 967-9421 to take advantage of our extensive training, expertise, and data-gathering capabilities.