Trademark surveys often play a crucial role in resolving a dispute successfully, but, when you face tough survey evidence, critiques and rebuttals of an opposing expert’s studies and reports can be very influential.
Keegan & Donato Consulting provides service to attorneys practicing in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues. Principals Mark Keegan and Tony Donato offer clients 30 combined years of proven survey methodologies, deep operational insight, and extensive industry experience.
Our nationwide services include these and other areas:
- State-of-the-art survey design and execution
- Full-service data gathering and reporting capabilities
- Damages analysis and forensic economic analysis
- Pilot studies and exploratory research
- Collaboration on complex commercial litigation issues
- Critique and rebuttal of opposing experts’ studies and reports
- Advice on questioning of opposing experts in deposition and at trial
- Expert witness testimony on consumer survey, marketing & economic issues
We provide expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants in support of trademark infringement litigation, and have collaborated extensively on cases involving business, marketing, and financial issues.
Critique and Rebuttal
Consumer surveys are complex and require training and expertise to design and execute properly. No survey is perfect, and Keegan & Donato Consulting can provide guidance about possible flaws in the survey evidence you are facing.
When critiquing or rebutting a study, we look closely at how the research was conducted to ensure than an expert’s report is consistent with consumer survey best practices. The factors we examine may include:
- Who conducted the survey? Any expert who designs, executes, or analyzes a consumer survey should be appropriately trained and qualified and understand survey methodology.
- Which questions were asked and how were they worded? The choice of words and phrases in a question is very important in order to convey its meaning and intent and to ensure that all respondents interpret the question the same way. Even small differences can affect the answers respondents give or lead them to respond a certain way.
- In what order were the questions asked? The order and structure of the questions can bias survey results. Questions asked early in a survey can have unintended effects on how respondents answer subsequent questions.
- How was the universe defined? What was the sampling frame used to identify the survey population? Did the survey results accurately reflect the demographics of people who use the product in question? A survey’s relevance depends upon proper identification of the target population, and precautions should be taken to decrease the likelihood of sample bias.
- What method did the researcher use to select respondents? Potential respondents should be screened with initial questions to determine their eligibility to participate in the survey. If a sample group doesn’t properly match the target audience or population, the results could be incorrect.
- Was the survey data properly analyzed and reported? Was the data analyzed in accordance with accepted statistical principles?
Seek out trademark survey rebuttals or critiques from Keegan & Donato Consulting to bolster your case strategy and ensure your opponent’s survey has no methodological flaws. Call us today at (914) 967-9421 to learn how we can help.