Surveys can play a crucial role in successfully resolving a dispute. Learn more from Keegan & Donato Consulting about the types of consumer surveys used in trademark litigation and how the critique and rebuttal of an opposing expert’s studies and reports can be equally influential.
Keegan & Donato Consulting offers a full suite of services, including consultation on litigation strategy for plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade dress litigation, testimony at deposition and trial, and rebuttal of opposing parties’ surveys when applicable.
We have been engaged by leading firms across the nation, such as Stanley, Mandel & Iola, LLP in San Diego, Debevoise & Plimpton LLP in New York City, Pashman Stein in New Jersey, SmithAmundsen LLC in Chicago, and Arent Fox in Washington, DC.
As a specialty research consultancy, we belong to the International Trademark Association (INTA),the Association for Consumer Research (ACR), the American Association for Public Opinion Research (AAPOR), the American Marketing Association (AMA), and ESOMAR, the leading global association for market, social and opinion researchers. We also offer other skills and tools to help strengthen your case.
Keegan & Donato Consulting designs, executes, analyzes, and presents the results of IP litigation surveys, including:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Acquired Distinctiveness
- Lanham Act Claims
In addition to our survey design capabilities, the firm provides services in these and other areas:
- Full-service data gathering and reporting
- Marketing, damages, and forensic economic analysis
- Collaboration on complex commercial litigation issues
- Pilot studies and exploratory research
- Critique and rebuttal of opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
Survey Critique and Rebuttal
With an exceptional knowledge of the science and methodology behind consumer research surveys, Mr. Keegan and Mr. Donato offer extensive experience in the critique and rebuttal of surveys that cover a wide range of issues.
When you are confronted with a consumer study that appears well-executed and convincing, we have the expertise to identify large and small methodological flaws and provide expert analysis that could bolster your case. Our analysis may include an examination of the following:
- Survey design and methodology
- Opposing expert’s credentials and training
- Type, wording, ordering, and structure of the questions
- The process used to define the survey universe
- The sampling frame used to identify the population
- Method of screening and selecting survey respondents
- Procedures used to minimize potential data collection biases
- Method of analyzing and reporting the survey data
Expert Witness Testimony
When you need an expert to explain facts and issues of your case that are not easily understood, or when a Court would benefit from empirical evidence of matters relevant to the case, Mr. Keegan and Mr. Donato have testimony experience as expert witnesses in many high-profile cases involving consumer behavior and trademark infringement.
Tip the balance in your favor by hiring Keegan & Donato Consulting to help you develop fact-based evidence in support of your case strategy with one of the many types of consumer surveys used in trademark litigation. We will work within your budget to deliver the results you need. Get in touch with us today at (914) 967-9421.