Survey experts like Keegan & Donato Consulting play an essential role in trademark disputes, helping attorneys and their clients in Schenectady, NY, navigate the complexities of survey design, data collection, and analysis. Our team has specialized knowledge and experience in survey methodology and statistical analysis, ensuring that the survey evidence we produce meets the necessary admissibility standards in court.
Who We Are
K
eegan & Donato Consulting provides nationwide service to attorneys and their clients in federal and state courts, in front of arbitration panels, the TTAB, the NAD, and other specialty venues. Mark Keegan and Tony Donato offer clients 30+ years of recognized survey methodologies, deep operational insight, and extensive industry experience.
Our services include conducting thorough research and analysis and preparing affidavits and reports for plaintiffs and defendants involved in trademark infringement litigation. We have also collaborated on cases that involve business, marketing, and financial issues. Our expertise in these areas enables us to provide valuable support to our clients.
What is a Trademark Survey?
A trademark survey is a research study designed to assess consumer perception and understanding of a particular trademark or brand. These surveys gather data on factors such as brand recognition, likelihood of confusion, and secondary meaning, which are all important considerations in trademark law. Trademark surveys are often used as evidence in trademark infringement cases, helping to demonstrate the strength and distinctiveness of a trademark.
Successful Survey Case Studies
To illustrate the power and importance of hiring trademark survey experts, let’s consider a few case studies of successful surveys:
Likelihood of Confusion Survey in Adidas v. Forever 21: In this case, a survey conducted by a trademark expert demonstrated a high likelihood of consumer confusion between Adidas’ three-stripe trademark and a similar design used by Forever 21, ultimately leading to a favorable ruling for Adidas.
Secondary Meaning Survey in Coca-Cola v. Pepsi: A survey conducted by a trademark expert, in this case, provided evidence that the Coca-Cola brand had acquired strong secondary meaning in consumers’ minds, bolstering Coca-Cola’s trademark claims.
Genericness Survey in Maker’s Mark v. Cuervo: A survey conducted in this case showed that the Maker’s Mark brand had not become generic, helping to defend the trademark against claims of genericness.
How to Choose the Right Trademark Survey Expert
Choosing the right trademark survey expert can be daunting, but there are several factors to consider:
- Credentials and Qualifications: Look for an expert with a solid academic and professional background in survey research, marketing, or consumer behavior.
- Experience in Trademark Surveys: Ensure the expert has extensive experience conducting trademark surveys and providing expert testimony in trademark litigation cases.
- Reputation and Credibility: Research the expert’s reputation in the legal community and look for evidence of their credibility and reliability.
- Communication Skills: Assess the expert’s ability to clearly and effectively communicate the survey methodology and findings to the court or other stakeholders.
- Cost and Availability: Consider the expert’s fees and availability and ensure they fit within your budget and timeline.
Key Takeaways
The testimony of a skilled trademark survey expert can be the difference between a successful trademark defense and a costly legal defeat. When you need robust survey research to support or challenge a case in Schenectady, NY, Keegan & Donato Consulting can deliver the assistance required. Call us today at (914) 967-9421.