Trademark infringement is a serious issue that can harm a business’s reputation and bottom line. If you are looking for trademark survey experts to support your IP litigation, consider the exceptional expertise of Keegan & Donato Consulting.

Located in Rye, New York, just north of Manhattan, we have designed, executed, presented, and rebutted many surveys that have been admitted into evidence in federal and state courts, before arbitration panels, the TTAB, the NAD, and other venues.

Relying on 30+ combined years of proven survey methodologies, deep operational awareness, and vast industry experience, principals Mark Keegan and Tony Donato provide expert research, analysis, affidavits, and reports for plaintiffs and defendants to support their trademark infringement litigation.

Our Survey Methodology

The methodology Keegan & Donato Consulting uses for survey design minimize bias, ensuring that the results will be statistically valid. This may involve using a random sampling method, carefully selecting survey questions, and ensuring that the survey is administered in a consistent and controlled manner. By taking these steps, you can be confident in the validity and reliability of the survey results.

We tailor the survey questions to the relevant audience of consumers, whether it is the general public, industry experts, or a specific demographic. This ensures that the survey results will accurately reflect the opinions and attitudes of your intended audience, and can be used to inform legal strategies and brand management decisions.

Our careful application of methodologically sound guidelines in survey design, execution, and analysis increases their accuracy and improves their chances of being accepted by courts.

Types of Consumer Surveys and Their Uses

Courts have accepted various types of surveys as evidence in trademark infringement cases, such as:

• Likelihood of confusion: One of the primary purposes of a trademark is to prevent consumer confusion. A well-designed likelihood of confusion survey from Keegan & Donato Consulting can help you assess whether consumers are indeed confused.
• Secondary meaning: Descriptive marks are typically unprotectable as trademarks unless they have acquired a secondary meaning. A consumer survey can help you determine whether a mark is no longer descriptive and is now a distinct identifier of a brand in consumers’ minds.
• Dilution: Trademark dilution arises when a party uses a famous mark in a way that tarnishes its reputation or dilutes its strength by blurring its distinctiveness. Consumer recognition of a famous mark can be measured directly by a survey.
• False Advertising: False advertising or labeling is ideal for testing with consumer surveys. We can address the ways in which consumers interpret and misinterpret names, symbols, and other marks used in commerce.
• Trade Dress: Trade dress, like a trademark, is protectable under the Lanham Act. Conducting a consumer survey can help you gather the evidence to prove whether the trade dress in question has established secondary meaning or is likely to cause confusion in the marketplace.

Expert Witness Testimony

When the facts and issues of your case are complex and challenging to comprehend, or when empirical evidence related to matters in your case would benefit the court, an expert witness may be required. Mr. Keegan and Mr. Donato are experienced expert witnesses who have testified in numerous high-profile cases involving trademark infringement and consumer behavior.

Final Thoughts

A sound, reliable trademark survey can have a significant impact on your IP litigation. Experts like Keegan & Donato Consulting can work within your budget to get the results you need. Reach out to us at (914) 967-9421 to learn more about our services.