The principals of Keegan & Donato Consulting have extensive testimony experience as expert witnesses in a number of high-profile cases involving consumer behavior and trademark infringement.
Our vast experience includes conducting trademark surveys to test a wide variety of Lanham Act claims, such as likelihood of confusion, strength of mark, secondary meaning, acquired distinctiveness, trade dress, and others, false and deceptive advertising, consumer perception, and expert witness testimony on consumer survey, marketing and economic issues.
Keegan & Donato Consulting provides surveys, expert reports, and testimony in trademark/trade-dress litigation, testimony at deposition and/or trial, and consulting on litigation strategy for both plaintiff and defendant clients.
In doing so, we have worked with prestigious law firms around the country, including Lieff Cabraser Helmann & Bernstein LP in New York, Stanley, Mandel & Iola, LLP in San Diego, Riemer & Braunstein LLP in Boston, and Schepisi & McLaughlin, P.A. in New Jersey.
Mark Keegan has spent more than a decade formulating complex litigation case strategies and brings a wealth of experience to Keegan & Donato Consulting. As a founding partner of our firm, he has consulted on a wide variety of litigation issues including marketing and international business and consumer research for Lanham Act claims.
Mr. Keegan received his law degree in 1995 from Brooklyn Law School and is licensed to practice in New York and Connecticut. Prior to his work with our firm, he was a marketing strategist and operations manager, working with top brands to create innovative online advertising solutions and to position and communicate their competitive advantages. He is an AMA-designated Professional Certified Marketer.
Tony Donato has served since 2004 as a consultant in complex litigation matters. He has a broad range of experience in research, strategy, survey design & execution, data analysis and case management. Mr. Donato has consulted on a wide variety of intellectual property, consumer behavior, and marketing cases covering trademark, patent, copyright, best efforts, advertising, business damages, consumer surveys, business ethics, and other issues.
Mr. Donato received a Master of Public Policy in 2002 from Georgetown University and offers clients a strong analytical background which he developed in his prior employment as a member of the research team at Harvard Medical School’s Division on Addictions. He is also the co-author of several peer-reviewed journal articles.
When You May Need an Expert Witness
Expert witness testimony can be an important factor in high-stakes litigation strategy. You may need an expert when the facts and issues of your case are not easily comprehensible, or when a court would benefit from empirical evidence related to relevant issues in the case.
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. When survey data is collected, 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 assist you with quantifying damages.
Another type of expert is a consulting expert who can help you analyze the economic, financial or technical complexities of your case, assist in your assessment of different case strategies, determine which deposition questions to ask, or help you prepare a testifying expert for deposition and trial.
Whether you need a testifying expert witness or a consulting expert in connection with a trademark survey or your overall case strategy, Keegan & Donato Consulting can help you try or defend your case effectively. Contact us at (914) 967-9421. We will work within your budget to deliver the assistance you need.