As you evaluate trademark survey experts for your litigation, consider a highly qualified consulting firm like Keegan & Donato Consulting that offers vast experience in the full spectrum of trademark infringement matters.
Keegan & Donato Consulting has developed surveys for plaintiffs and defendants across the nation on issues related to likelihood of confusion, strength of mark, secondary meaning, acquired distinctiveness, dilution, genericness, false advertising, and many other topics within the fields of trademark and trade dress.
With a combined 25-plus years of experience in conducting consumer research studies, as well as membership in the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), and ESOMAR, the leading global association for market, social and opinion researchers, principals Mark Keegan and Tony Donato have wide-ranging skills and tools that can help you strengthen your case.
Why Hire an Expert?
Surveys can be used to test a wide variety of Lanham Act claims. An expert can help establish whether or not competing marks are likely to confuse consumers; whether or not a descriptive mark has acquired secondary meaning; whether or not a mark is famous; and whether or not one brand’s mark is likely to cause dilution to a competing mark. In many instances, the most persuasive evidence comes from a consumer research study.
When confronted with unscientific and poorly constructed surveys, however, judicial opinions can be harsh and the evidence may be given little weight by the court or partially or completed excluded.
In Malletier v. Dooney & Bourke, Inc., 525 F.Supp.2d 558, 569-70 (Dist. Court S.D.N.Y; 2007), for example, the Court excluded the evidence and testimony of all three of the plaintiff’s survey experts and two of the defendant’s three survey experts on the basis that the surveys were unreliable, plagued by significant methodological flaws, and that “any probative value was substantially outweighed by the danger of unfair prejudice and misleading the jury.”
Consequently, it is crucial to hire qualified survey experts. Methodologically sound consumer research studies and expert testimony from Keegan & Donato Consulting will meet the courts’ standards and can serve as powerful evidence in your case.
We approach survey design and critique on a case-by-case basis, working closely with our clients to understand the key issues driving their case, and working to maximize the value of consumer survey evidence to the overall case strategy.
To satisfy judicial and adversarial scrutiny, we follow survey design, execution and presentation best practices. Our consumer research studies direct objective, non-leading questions to an appropriate universe of consumers. Procedures are in place to minimize potential biases in data collection, and services include a full analysis and reporting of survey data.
We utilize an industry-leading online survey software platform and obtain our survey sample from leading marketing research companies that maintain multi-million-member online consumer panels.
Our skillful, objective analysis will ensure the admissibility and persuasiveness of the results and help you develop a powerful case or rebuttal strategy. We would be pleased to advise you on the best approach for your particular trademark survey or provide you with an objective evaluation of survey research that already exists.
If you are looking for trademark survey experts to provide support for your IP litigation, Keegan & Donato Consulting can help. Get in touch with us today at (914) 967-9421.