A well-designed trademark survey can provide empirical evidence on the issue of whether an alleged infringement is having an impact on consumers. The real-world results Keegan & Donato Consulting has collected have provided our clients a foundation for presenting fact-based evidence in support of their positions.
Keegan & Donato Consulting, located in Rye, New York, has designed, executed, and critiqued a vast number of surveys that have been admitted into evidence by attorneys practicing in federal and state courts, before arbitration panels, the TTAB, and other specialty venues. We can work within your budget to deliver the survey evidence you need.
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 intellectual property disputes, including:
- Likelihood of Confusion Analysis and Surveys
- Strength of Mark Analysis and Surveys
- Secondary Meaning Analysis and Surveys
- Acquired Distinctiveness Analysis and Surveys
- Lanham Act Analysis and Surveys
- Trade Dress Analysis and Surveys
- Consumer Perception Analysis and Surveys
- Consumer Understanding Studies
- Trademark Survey Critiques and Rebuttals
Although consumer research studies can play a crucial role in successfully resolving trademark disputes, they may be given little weight if poorly designed or lacking objectivity.
Keegan & Donato Consulting utilizes classic survey designs and innovative custom designs to meet our clients’ needs. We have stringent procedures in place to minimize potential biases in data collection.
Our capabilities include state-of-the art survey designs that are probative of the relevant issues in each case, have the ability to 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.
We obtain our survey sample from leading marketing research companies that maintain multi-million member online consumer panels. They are top providers of survey sample in the U.S. and are used by leading marketing research firms.
Our education and experience in conducting and critiquing consumer survey research has provided us the tools to design a study that avoids the methodological pitfalls that may afflict competing research studies.
Keegan & Donato Consulting has been engaged by leading IP litigators across the country, such as Blood Hurst & O’Reardon LLP in San Diego, Kirkland & Ellis LLP in Chicago and Washington, DC, and Kaye Scholer LLP in Los Angeles, Philadelphia and New York City.
When you need a trademark survey to support an allegation of infringement or rebut the results of an adversary’s survey, call (914) 967-9421 to take advantage of Keegan & Donato Consulting’s unparalleled expertise in consumer research, or contact us here.
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