When you need a trademark survey to support your legal strategy in an intellectual property dispute, or have questions about the process, Keegan & Donato Consulting has the qualifications and expertise necessary to quickly deliver intelligence within a wide range of budgets.
Consumer research surveys are commonly employed to prove likelihood of confusion, secondary meaning, strength of mark, acquired distinctiveness, and other Lanham Act issues in the context of trademark and trade-dress litigation.
When survey data is collected, experts like Keegan & Donato Consulting can interpret the facts and testify about them to a judge or jury. We can address unique questions or evidence that is central to the issues in your case and assist you with quantifying damages.
Principals Mark Keegan and Tony Donato have more than 25 combined years of experience in designing, executing and critiquing consumer research studies in the context of litigation, and offer a combination of strategic and analytical skills.
We consider methodological design among the most crucial aspects of designing a consumer research study. Our methodologically sound consumer surveys and skillful, objective analysis will ensure the admissibility and persuasiveness of the results and help you develop a powerful case or rebuttal strategy.
Our capabilities include state-of-the art survey designs that are probative of the relevant issues in each case, are capable of targeting 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.
Keegan & Donato Consulting specializes in a wide range of trademark and trade dress surveys and analyses, including:
- Likelihood of Confusion–Surveys are commonly used to ascertain whether or not consumers are confused by a party’s use of a contested mark. We measure likelihood of confusion with both standard survey designs and innovative custom surveys.
- Strength of Mark– In cases that involve strength of mark, a survey can measure consumer reaction to the mark and demonstrate the level of consumer recognition. Consumer surveys can be valuable in determining the extent to which consumers are familiar with a brand.
- Acquired Distinctiveness– Consumer research studies can help determine whether consumers associate a mark with a certain product and whether the mark is distinctive enough not to cause confusion about the origin of goods or services associated with it.
- Secondary Meaning–We can help to strengthen your case strategy by targeting relevant consumers in your client’s market and evaluating how they perceive your client’s brand.
- Lanham Act Claims– A well-designed consumer research study can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world effect on consumers.
Get in touch with Keegan & Donato Consulting at (914) 967-9421 if you have questions about trademark surveys or are interested in a consumer research study to support your case.