When looking for a trademark survey expert for IP litigation in Washington, consider Keegan & Donato Consulting. Our surveys have been accepted as evidence in matters involving products and services in many different industries.
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. Located in Rye, New York, we serve clients nationwide and have collaborated extensively on cases involving business, marketing, and financial issues.
Keegan & Donato Consulting specializes in trademark and trade dress surveys, such as:
- Likelihood of Confusion – This is the most common trademark litigation issue clients contact us about. Keegan & Donato Consulting measures confusion through classic survey designs and crafting innovative custom surveys that address confusion from a scientific perspective.
- Strength of Mark – Inherently distinctive trademarks are generally afforded higher levels of USPTO protection than marks that are less distinctive or are in use by multiple parties within a market or across markets. If your trademark infringement case involves the strength of a mark, it may benefit from a survey that measures consumer reaction to the mark.
- Secondary Meaning – Proving secondary meaning can be a critical component of trademark litigation. We can help you develop a robust case strategy by designing a study that targets relevant consumers in your client’s market and determines how they perceive your client’s brand.
- Dilution – This occurs when the strength of a famous mark is diluted by tarnishing its reputation or blurring its distinctiveness. Survey evidence can show whether or not consumers make an association between the junior and senior users of the mark and/or whether they perceive the famous mark less favorably.
- Acquired Distinctiveness – When acquired distinctiveness can be proved, a descriptive mark is as protectable as an inherently distinctive mark. Consumer survey data can assist in establishing that your client’s mark has achieved acquired distinctiveness, which may provide greater protection.
- Lanham Act Claims – Lanham Act issues are very well-suited to testing through consumer research. Strengthen your case with a well-designed survey that can provide empirical evidence on whether an alleged trademark infringement is having a real-world impact on consumers.
- Expert Witness Testimony – You may need an expert when the facts and issues of your case are difficult to understand or when a court would benefit from empirical evidence related to matters relevant to your case. Mr. Keegan and Mr. Donato have testimony experience as expert witnesses in many high-profile cases involving consumer behavior and trademark infringement.
Whether you are located in Washington, DC, the state of Washington, or elsewhere in the U.S. and need a trademark survey expert, contact Keegan & Donato Consulting at (914) 967-9421 to take advantage of our expertise, extensive training, and data-gathering capabilities.