If you are considering using surveys to defend a claim of trademark dilution, Keegan & Donato Consulting can help. Since each case is unique, our team approaches survey design on a case-by-case basis. We work side by side with clients to understand the fundamental issues driving their cases and work to maximize the value of our survey evidence to the overall case strategy.
With a combined 30-plus years of experience conducting consumer research studies, we work on behalf of attorneys and their clients to provide research, analysis, affidavits, declarations, and expert reports in support of trademark infringement and trade-dress litigation. We have collaborated extensively on cases involving marketing, business, and financial issues. Our litigation surveys have been accepted as evidence concerning many different products and services.
About Trademark Dilution
Trademark dilution is a complex legal concept that poses a significant threat to brand owners. It occurs when another party uses a similar or identical mark, diminishing the distinctive quality of a famous trademark, even in the absence of consumer confusion or competition between the goods and services. This can happen in two primary ways: blurring and tarnishment.
Blurring refers to the situation where the use of a similar mark weakens the ability of the famous mark to uniquely identify the source of the goods or services. For example, if a well-known brand like “Coca-Cola” were to be used on unrelated products like clothing or household items, it could dilute the strength and distinctiveness of the Coca-Cola trademark. Tarnishment, on the other hand, involves using a similar mark that harms the reputation or image of the famous mark, such as by associating it with inferior or unsavory products or services.
Trademark dilution is a serious concern for brand owners, as it can erode a trademark’s value and goodwill over time. Without effective legal protection, even the most well-established and iconic brands can become vulnerable to dilution, leading to a loss of market share, consumer trust, and brand equity. Consequently, businesses must proactively defend against trademark dilution claims and safeguard their brand identity.
Surveys can provide valuable evidence of trademark dilution because they can show how the public perceives a trademark and whether unauthorized use has weakened its distinctiveness. For example, if the survey shows that consumers are likely to be confused between the trademark and the allegedly infringing mark, this can be used as evidence of trademark dilution.
Next Steps
As the threat of trademark dilution continues to loom large for businesses of all sizes, surveys have become an indispensable tool in the brand owner’s legal toolkit. By leveraging the power of surveys to defend their trademarks, brand owners can safeguard the integrity and value of their brands, ensuring that their hard-earned reputations and market positions remain secure in the face of competitive challenges and legal threats.
Keegan & Donato Consulting’s methodologically sound consumer research studies and expert testimony will meet the Courts’ standards and serve as decisive evidence in your case. To learn more about using surveys to defend trademark dilution claims, consider Keegan & Donato Consulting. Get in touch with us today at (914) 967-9421 to explore our affordable services.