When you need a rebuttal expert witness for a trademark survey, contact Keegan & Donato Consulting. We have critiqued and rebutted hundreds of surveys that have been admitted into evidence in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues.
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, and testimony at deposition and/or trial.
With nearly 30 years of combined experience in the field, principals Mark Keegan and Tony Donato have developed surveys for and collaborated with firms that manage some of the largest trademark portfolios in the world, such as Schepisi & McLaughlin, P.A. in New Jersey, Hogan Lovells in Washington, DC, Giampolo Law Group in Philadelphia, Arnold & Porter LLP in San Francisco, and Riemer & Braunstein LLP in Boston.
We design, execute, analyze, and present the results of IP litigation surveys, including, but not limited to:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Acquired Distinctiveness
- Lanham Act Claims
Our research is focused on collecting empirical data from relevant consumers through methodologically-sound, scientific, industry-accepted principles of survey research.
Survey Rebuttal & Critique
In complex litigation matters, it can be extremely important to have a knowledgeable, experienced and well-trained expert or consultant on your side.
Trademark surveys are complex and prone to researcher errors that can affect the validity of the data collected. Sample selection issues, interviewer bias, and suggestive wording often cause judges to attribute little weight to a survey or deem some or all of the results inadmissible.
For example, in Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), the plaintiff’s surveys were deemed inadmissible because they were considered unscientific and poorly constructed. The court also rejected the survey expert as unqualified “to design a survey or to interpret survey results” [see 45 F.Supp.3d 1167-1170].
With an unparalleled knowledge of the science and methodology behind consumer surveys, Keegan & Donato has the ability to identify flaws and weaknesses in a study that may not be apparent to an untrained eye, but may help you refute the credibility of an opposing expert’s work.
Our typical examination may include an analysis of:
- the opposing expert’s training and credentials
- the survey design
- the survey methodology
- the types of questions asked and their wording
- the ordering and structure of the questions
- the procedures used to minimize potential biases in data collection
- how the survey universe was defined
- the sampling frame used to identify the population
- the method of screening and selecting survey respondents
- how the survey data was analyzed and reported
We can also counsel you on how to approach an opposing expert’s deposition with specific survey-related issues to address and areas of questioning about survey research in general. These services can be of remarkable value to your client.
A trademark survey can play a crucial role in successfully resolving a dispute, but critique and rebuttal of the opponent’s studies and reports by an expert witness can be equally important. Get in touch with Keegan & Donato Consulting today at (914) 967-9421 to learn more about our wide range of services.