When you face trademark survey evidence from an opposing expert that seems weak or unreliable, engage Keegan & Donato Consulting to critique the survey methodology and results and help you develop an effective rebuttal strategy.
Keegan & Donato Consulting, located in Rye, New York, just north of Manhattan, has designed, executed, and critiqued hundreds of surveys that have been admitted into evidence in federal and state courts, at arbitration, and to the Trademark Trial and Appeal Board (TTAB).
Principals Mark Keegan and Anthony Donato have extensive testimony experience. They offer a combined 25 years of experience in conducting consumer research studies in the context of litigation.
Mr. Keegan’s experience in formulating case strategies in complex litigation involving marketing, economics, business, and financial issues on behalf of his clients, along with Mr. Donato’s experience in research, strategy, survey design and execution, data analysis and case management, create a rare combination of strategic and analytical skills that can help attorneys and their clients challenge survey results in trademark infringement litigation.
Consumer Survey Critique and Rebuttal
Trademark surveys are complex and require training and expertise to design and execute properly. You may be confronted during litigation with a research study which, on its face, appears convincing and well-executed. But no research study is perfect, and Keegan & Donato Consulting can provide guidance about possible weaknesses in the survey evidence you are facing.
For example, did the survey target the appropriate universe of consumers? Do the survey results accurately reflect the demographics of people who use the product in question? Is the scope of the claim regional? Does the study represent consumers in the right geographical areas? Was the sample size large enough to appear credible to a judge or jury?
Research study results may appear plausible to the casual observer, but experienced survey experts like Keegan & Donato Consulting will be able to identify small and large methodological flaws and provide expert analysis for rebuttal in high-stakes intellectual property disputes.
In addition to rebutting the study itself, we are often enlisted for advice on how to approach an opposing expert’s deposition. We can counsel you on specific survey-related issues to address with the expert and on areas of questioning about survey research in general.
For help with your trademark survey rebuttal, call Keegan & Donato at (914) 967-9421. We have designed, executed, and critiqued hundreds of surveys that have been admitted into evidence in federal and state courts, at arbitration, and to the TTAB. Find out more about how we can work with you.
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