If you need a trademark survey expert to provide research, analysis, affidavits, declarations, expert reports and rebuttal reports in support of your trademark infringement and trade dress litigation in San Francisco, Keegan & Donato Consulting can help.
Mr. Keegan is a member of the New York and Connecticut Bar Associations. He has crafted complex case strategies for his clients and served as a marketing strategist for top brands. He is also an AMA-designated Professional Certified Marketer.
Mr. Donato has an extensive analytical background in intellectual property and consumer behavior cases related to trademark, copyright, marketing and advertising disputes, as well as business damages.
With more than 25 combined years of experience in conducting consumer research studies, and membership in the International Trademark Association (INTA), the American Marketing Association (AMA), and ESOMAR, the leading global association for market, social and opinion researchers, we have wide-ranging skills and tools that can help you strengthen your case.
Keegan & Donato Consulting specializes in a wide range of trademark and trade dress surveys and analyses, including:
- Likelihood of Confusion –Surveys are commonly used to ascertain whether or not consumers are confused by a party’s use of a contested mark. We measure likelihood of confusion with both standard survey designs and innovative custom surveys.
- Secondary Meaning – Descriptive marks are not ordinarily protectable as trademarks unless they have acquired a secondary meaning. We can help to strengthen your case strategy by targeting relevant consumers in your client’s market and evaluating how they perceive your client’s brand.
- Strength of Mark –Trademark law protects distinctive marks, and the levels of legal protection are directly linked to the strength of the mark. Consumer surveys can be used to measure the level of consumer recognition of a mark or brand.
- Acquired Distinctiveness– Consumer research studies can help determine whether consumers associate a mark with a certain product and whether the mark is distinctive enough not to cause confusion about the origin of goods or services associated with it.
- Dilution –Consumer recognition of a famous mark can be measured directly by a survey. Because there are a variety of approaches to substantiating a claim of dilution, we work closely with clients to understand the fundamental issues of their unique cases.
- False Advertising –Issues raised in the Lanham Act, such as misleading advertising or labeling, are well-suited to testing through consumer research by addressing the ways in which consumers interpret—and misinterpret—names, symbols, and other marks used by businesses in commerce.
Rebuttals & Critiques
Keegan & Donato Consulting also has extensive experience in rebutting surveys submitted by opposing experts covering 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.
Selecting the right type of survey for a case requires skill and experience. When you need a highly qualified trademark survey expert for your San Francisco IP litigation, consider Keegan & Donato Consulting. Call us at (914) 967-9421 to learn more about our capabilities.