Hiring a qualified expert witness in your New York trademark infringement case to review and respond to an opposing expert’s survey work is a critical component of an effective rebuttal strategy. When you face tough survey evidence from a top name in the field, Keegan & Donato Consulting can help.
About Us
Keegan & Donato Consulting, located in Rye, New York, is a specialty research consultancy that designs and executes consumer-based surveys for attorneys and their clients in the context of intellectual property disputes.
Principals Mark Keegan and Tony Donato rely on more than 25 years of proven survey methodologies, deep operational insight, and vast industry experience, to provide expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants in support of trademark infringement litigation.
The firm’s nationwide services include these and other areas:
- State-of-the-art survey design and execution
- Full-service data gathering and reporting capabilities
- Damages analysis and forensic economic analysis
- Collaboration on complex commercial litigation issues
- Critique and rebuttal of opposing experts’ studies and reports
- Advice on questioning of opposing experts at deposition and trial
- Expert witness testimony on consumer survey, marketing & economic issues
Expert Witness Testimony
When you need an expert because the facts and issues of your case are not easily understood, or when a court would benefit from empirical evidence related to relevant issues in the case, Mr. Keegan and Mr. Donato have testimony experience as expert witnesses in a number of high-profile cases involving consumer behavior and trademark infringement.
In trademark infringement cases, marketing and survey experts can conduct surveys to address the question of whether or not a mark causes confusion among consumers. After collecting the data, experts can interpret the facts and testify about them to a judge or jury. They can address unique questions or facts that are central to the issues in your case and help you quantify damages.
Keegan & Donato Consulting can provide expert analysis for rebuttal. We can help you analyze the economic, financial or technical complexities of your case, assist in your assessment of different case strategies, identify issues to investigate in depositions, find flaws and weaknesses in a study that may help you refute the credibility of an expert’s work. or help you prepare a testifying expert for deposition and trial.
Expert testimony can help the court understand the evidence; however, the testimony of the expert must be based on sufficient facts or data obtained by reliable principles and methods that have been properly applied to the facts of the case. In Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), the survey expert was rejected as unqualified “to design a survey or to interpret survey results.”
When you need a testifying trademark survey expert witness or a consulting expert in connection with your case strategy in New York, Keegan & Donato Consulting will work within your budget to deliver the assistance you need. Get in touch with us today at (914) 967-9421.