Types of Trademark Surveys

Trademark survey companies, such as Keegan & Donato Consulting, can provide plaintiffs and defendants across the nation with different types of litigation surveys, as well as survey critiques, rebuttals and expert testimony on a wide variety of matters.

Keegan & Donato Consulting has designed and executed hundreds of surveys that have been admitted into evidence in state and federal courts, at arbitration, to the NAD, and to the Trademark Trial and Appeal Board (TTAB).

Mr. Keegan has a Juris Doctor from Brooklyn Law School as well as a background as a marketing strategist working with top brands. Mr. Donato has a Master of Public Policy from Georgetown University and a strong analytical background in marketing, intellectual property, and consumer behavior cases covering consumer surveys, trademark, copyright, advertising, business damages, and business ethics.

The firm provides the following services:

• State-of-the-art survey design, implementation, and presentation
• Expert analysis and report preparation
• Expert witness testimony on consumer survey, marketing and economic issues
• Critique and rebuttal of reports from opposing experts
• Damages and forensic economic analyses
• Guidance on the questioning of opposing experts at deposition or trial

We have worked with firms such as Blood Hurst & O’Reardon LLP in San Diego, Riemer & Braunstein LLP in Boston, Schepisi & McLaughlin PA in New Jersey, and Debevoise & Plimpton LLP in New York City.

Our Survey Specialties

Keegan & Donato Consulting specializes in a wide range of trademark and trade dress surveys and analyses, including:

• Likelihood of Confusion –Surveys are commonly used to ascertain whether or not consumers are confused by a party’s use of a contested mark. We measure likelihood of confusion with both standard survey designs and innovative custom surveys.

• Secondary Meaning – Descriptive marks are not ordinarily protectable as trademarks unless they have acquired a secondary meaning. We can help to strengthen your case strategy by targeting relevant consumers in your client’s market and evaluating how they perceive your client’s brand.

• Strength of Mark –Trademark law protects distinctive marks, and the levels of legal protection are directly linked to the strength of the mark. Consumer surveys can be used to measure the level of consumer recognition of a mark or brand.

• Acquired Distinctiveness– Consumer research studies can help determine whether consumers associate a mark with a certain product and whether the mark is distinctive enough not to cause confusion about the origin of goods or services associated with it.

• Dilution –Consumer recognition of a famous mark can be measured directly by a survey. Because there are a variety of approaches to substantiating a claim of dilution, we work closely with clients to understand the fundamental issues of their unique cases.

• False Advertising –Issues raised in the Lanham Act, such as misleading advertising or labeling, are well-suited to testing through consumer research by addressing the ways in which consumers interpret—and misinterpret—names, symbols, and other marks used by businesses in commerce.

When you need a trademark survey, a marketing survey, or another type of consumer research survey to support your case, take advantage of the extraordinary expertise of Keegan & Donato Consulting by contacting us at (914) 967-9421.

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