Trademark surveys are crucial tools in intellectual property law, and the experts who conduct them play a vital role in protecting and defending trademarks. As a legal professional or business owner, understanding the ins and outs of trademark survey experts like Keegan & Donato Consulting can be the key to navigating the complex landscape of trademark protection.
Our firm provides services to attorneys and their clients in state and federal courts, in front of arbitration panels, the TTAB, the NAD, and other specialty venues. Principals Mark Keegan and Tony Donato offer over 30 combined years of proven survey methodologies, deep operational insight, and broad industry experience.
Importance of Trademark Surveys
Trademark surveys are essential for various reasons. They provide objective, empirical data that can be used to support or refute claims of trademark infringement or dilution. They can also help establish a trademark’s strength and distinctiveness, which can be crucial in determining the scope of protection afforded to a brand. Additionally, trademark surveys can assess the impact of proposed changes to a trademark, such as a new logo or slogan, and gauge consumer reactions to potential trademark disputes.
Common Types of Trademark Surveys
There are several different types of trademark surveys, each designed to address specific legal issues. Some of the most common are:
- Likelihood of Confusion Surveys: These surveys assess the likelihood that consumers will confuse two similar trademarks.
- Secondary Meaning Surveys: These surveys are used to evaluate whether a tmark has acquired secondary meaning or has become associated with a particular source in consumers’ minds.
- Genericness Surveys: These surveys determine whether a trademark has become generic or lost its distinctive meaning in consumers’ minds.
- Dilution Surveys: These surveys are used to assess a trademark’s impact on another trademark’s distinctiveness or reputation.
Should You Hire a Survey Expert?
Surveys are highly susceptible to criticism. The court will examine them for methodological flaws. Universe selection issues, interviewer bias, and suggestive wording may cause a judge to give a survey little weight or deem part or all of the results inadmissible.
Consider Malletier v. Dooney & Bourke, Inc., 525 F.Supp.2d 558, 569-70 – Dist. Court S.D. New York (2007), for example. The court excluded the evidence and testimony of the plaintiff’s three survey experts and two of the defendant’s three experts because it determined their survey results to be unreliable and plagued by significant methodological flaws. The court concluded, “Any probative value was substantially outweighed by the danger of unfair prejudice and misleading the jury.”
Hire qualified survey experts like Keegan & Donato Consulting to avoid similar pitfalls and ensure that your survey can withstand the rigors of litigation.
Key Takeaways
Trademark surveys have emerged as a powerful tool in IP litigation, offering valuable insights that can make or break your case. When you need a skilled survey expert to support or challenge a case in Rockville, MD, Keegan & Donato Consulting can deliver the assistance you need. Contact us today at (914) 967-9421.