When you need the top trademark survey firm in New York, Keegan & Donato Consulting would be pleased to advise you on the best approach for your particular survey or provide you with an objective evaluation of survey research that already exists.
Keegan & Donato Consulting provides a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and/or trial, and rebuttal of opposing parties’ surveys when applicable.
As a specialty research consultancy, we are members of the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), the Association for Consumer Research (ACR), and ESOMAR, the leading global association for market, social and opinion researchers, and offer other skills and tools that can help you strengthen your case.
Some of Our Survey Specialties
Keegan & Donato Consulting’s capabilities include state-of-the art survey designs that are probative of the relevant issues in each case; target specific consumer populations with appropriate universe selection and sampling frames; and feature cutting-edge rotation and randomization of hundreds of question types with customizable complex skip and display logic when appropriate.
Consumer Confusion: A principal function of a trademark is to prevent consumer confusion. A well-executed survey can help brand owners and their counsel assess whether or not consumers are confused. Keegan & Donato Consulting measures likelihood of confusion with both standard survey designs and innovative custom surveys.
Secondary Meaning: Ordinarily, descriptive marks are not protectable as trademarks unless they have acquired a secondary meaning. Keegan & Donato Consulting can design a survey to target relevant consumers in your client’s market and help you determine the extent to which they associate a contested mark with one or more sources.
Dilution: Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness. Consumer recognition of a famous mark can be directly measured with a survey.
False Advertising: Issues raised in the Lanham Act, such as false advertising or labeling, are well-suited to testing through consumer surveys by addressing the ways in which consumers interpret – and misinterpret – names, symbols, and other marks used by businesses in commerce.
Trade Dress: Like a trademark, trade dress 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.
We are confident that trademark attorneys in New York will find the litigation support and extensive knowledge of our trademark survey team invaluable. Get in touch with Keegan & Donato Consulting today at (914) 967-9421 to find out more about our affordable services.