The services of trademark survey experts like Keegan & Donato Consulting can have a significant impact on your client’s case in South Carolina and elsewhere in the nation. No matter your budget or your needs, we have a solution.
Keegan & Donato Consulting is a specialty research consultancy and a leading firm in the field of trademark litigation. Relying on a combined 30 years of proven survey methodologies, deep operational insight, and vast industry experience, principals Mark Keegan and Tony Donato provide expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants in support of trademark infringement litigation, and have collaborated extensively on cases involving business, marketing, and financial issues.
Surveys designed by our firm have been admitted into evidence in federal and state courts, at arbitration, and to the TTAB, the NAB, and other specialty venues, and Mr. Keegan and Mr. Donato have testified extensively at deposition and at trial.
Our Methodology
Our firm utilizes an industry-leading online survey software platform to design and execute state-of-the-art surveys that feature:
- Classic and custom survey designs
- Ability to target specific populations
- Balanced, representative panels
- Hundreds of question types and formats
- Advanced question rotation and randomization
- Customizable complex skip and display logic
- Real-time results
- Advanced screening capabilities
- Audio, video, and image capabilities
- Graphic design capabilities
Each of our surveys consists of a sampling plan, a set of questions, and a method of administering the questions. Each aspect is designed according to scientific and accepted research practice. Deciding on a survey population that reasonably represents the customers at issue in the case is a key component.
Issues Trademark Surveys Can Measure
Surveys can be very useful in attempting to measure a number of issues related to intellectual property matters and provide evidence of infringement.
Likelihood of confusion is a common issue addressed by consumer survey research. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe there is a relationship between the plaintiff’s and the defendant’s mark, brand, or product.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, can be measured by means of a consumer research study, and may provide a strong indication that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
Acquired distinctiveness can be measured with consumer survey research. When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and widespread commercial use.
Lanham Act Claims – Lanham Act issues are particularly well-suited to testing through consumer research. Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real world impact on consumers.
How We Can Help
As you evaluate trademark survey experts to support your South Carolina case or to contest an allegation of infringement, consider Keegan & Donato Consulting. We can quickly deliver intelligence within a wide range of budgets to help bolster your strategy. Get in touch with us today at (914) 967-9421 to learn more.