Trademark law is a complex area of intellectual property law, where establishing a mark’s strength and distinctiveness is crucial. When it comes to trademark disputes, the ability to provide compelling evidence can make or break your case. Surveys conducted by Keegan & Donato Consulting are a powerful tool in strengthening trademark claims.
We provide nationwide service to attorneys and their clients in federal and state courts, in front of arbitration panels, the TTAB, the NAD, and other specialty venues. Mark Keegan and Tony Donato offer clients 30+ years of recognized survey methodologies that will withstand scrutiny in a court of law, deep operational insight, and extensive industry experience.
Types of Surveys Used in Trademark Cases
When it comes to strengthening trademark claims, several types of surveys can be employed, each with its specific purpose and methodology. Some of the most common survey types used in trademark litigation are:
- Strength of Mark Surveys: These surveys are designed to assess the distinctiveness and strength of a trademark, measuring factors such as brand recognition, consumer association, and the degree of secondary meaning.
- Likelihood of Confusion Surveys: One of the primary purposes of a trademark is to prevent consumer confusion. A well-designed survey from Keegan & Donato Consulting can help you assess whether consumers are indeed confused.
- Dilution Surveys: A survey can help determine whether a famous mark has become identified with more than one type of product (dilution by blurring) or has been harmed by association with a low-quality or unsavory product (dilution by tarnishment).
- Secondary Meaning Surveys: Descriptive marks are not typically protectable as trademarks unless they have acquired a secondary meaning. A consumer survey can help you determine whether a mark is no longer descriptive and is now a distinct identifier of a brand in consumers’ minds.
Case Studies: Successful Use of Surveys in Trademark Claims
There are numerous examples of successful cases where surveys have played a pivotal role in strengthening trademark claims. Here are a few of them:
- Frito-Lay, Inc. v. Medallion Foods, Inc.: In this case, Frito-Lay conducted a likelihood of confusion survey to demonstrate that the packaging of Medallion Foods’ “Medallion” brand chips was likely to cause consumer confusion with Frito-Lay’s “Tostitos” brand. The survey results showed significant confusion, which helped Frito-Lay prevail in the trademark infringement case.
- Nabisco, Inc. v. PF Brands, Inc.: When Nabisco introduced its “Goldfish” crackers, PF Brands claimed that the product infringed on its own “Goldfish” trademark. Nabisco countered with a survey that demonstrated the distinctiveness of its “Goldfish” brand and the low likelihood of confusion with PF Brands’ product. The survey evidence played a crucial role in Nabisco’s successful defense against the trademark infringement claim.
- Mattel, Inc. v. MGA Entertainment, Inc.: In this high-profile case, Mattel, the maker of the Barbie doll, sued MGA Entertainment over the “Bratz” doll line. Mattel conducted a survey to demonstrate that consumers associated the Bratz dolls with the Barbie brand, which could potentially dilute the Barbie trademark. The survey results were instrumental in Mattel’s successful trademark dilution claim against MGA.
These case studies illustrate the power of surveys in providing objective, data-driven evidence to support trademark claims. By incorporating well-designed and executed surveys into their legal strategies, trademark owners can strengthen their position and increase their chances of success in trademark disputes.
In Conclusion
In the complex and ever-evolving landscape of trademark law, utilizing trademark surveys from Keegan & Donato Consulting can be a game-changer for trademark owners seeking to strengthen their claims. To determine if a survey could strengthen your case, get in touch with Keegan & Donato Consulting at (914) 967-9421.