What consumers think matters, especially when it impacts litigation. The reason that attorneys hire trademark survey experts is very simple: credible, methodologically sound research can move the needle in court (sometimes dramatically).

Attorneys hire trademark survey experts because courts want evidence about what real consumers think. They don’t want speculation or anecdotes.

Trademark survey experts translate legal questions such as likelihood of confusion, secondary meaning, and dilution into clear, testable surveys that mirror real-world shopping scenarios. Additionally, they know which accepted formats to use (and when to customize) so results reflect how likely purchasers actually encounter brands, whether it’s on a shelf, a webpage, or an app.

The outcome of hiring a trademark survey expert is credible, plain-English data that judges and juries can rely on. A qualified trademark survey expert also is essential because methodology makes or breaks survey evidence.

Seasoned experts define the right consumer universe, use representative samples, randomize exposure, select proper controls, and avoid leading questions. Then they document every choice, deliver tight reports, and are ready to testify or present a rebuttal to a flawed study from the other side. Keegan & Donato Consulting does this every day for IP teams across the country.

Translating Legal Issues Into Testable Questions

Keegan & Donato specializes in litigation-focused surveys. They range from likelihood of confusion and secondary meaning to dilution and trade dress. All designs are customized based on the case strategy.

Trademark cases often hinge on consumer perception. Survey experts focus on the issues that are important to your case to develop a survey design that isolates the right variable.

They focus on:

• Consumer confusion
• Brand source
• Distinctiveness
• Fame
• Consumer perception

They then use reliable methodologies to quantify the relevant metrics.

Accepted Formats & Customization 

In likelihood of confusion trademark cases, courts usually see two survey formats:

• Eveready is best when the plaintiff’s mark is well-known.
• Squirt (lineup) works well when consumers view the brands in close marketplace proximity.

Seasoned experts choose the format that matches how likely purchasers actually encounter the product. They then customize the design to meet the needs of the specific case circumstances.

Keegan & Donato treats Eveready and Squirt (lineup) as starting blueprints and not finished products. If a mark is famous, we may build on an Eveready-style design; if buyers see brands side-by-side, we may start from a lineup framework. From there, we customize everything, including universe, screening, stimuli, controls, and questionnaires, to mirror how consumers actually encounter the product (shelf, search results, product pages, or apps).

The result of our precise work is a case-specific survey that reflects the real marketplace and stands up in court.

Why Do Attorneys Hire Trademark Survey Experts?

The straightforward answer is that solid methods win trust. Remember that the difference between persuasive and weak survey evidence is simple: how it’s done.

Keegan & Donato uses representative panels, screen the right consumers, randomize what people see, include proper controls, and write neutral questions. What does all of that do? It keeps bias out and credibility in.

At Keegan & Donato, our team measures what actually matters.

• Likelihood of confusion: Do relevant consumers think the two brands come from the same source or an affiliated source? We report net confusion, not mere awareness.
• Secondary meaning: Do people link a particular feature (a word, color, or look) to one company?
• Dilution: Is a famous mark being blurred or tarnished, even if no one is confused?

A good expert matches the survey to the exact legal issue so the results speak directly to the claim.

Our team works to turn data into hard evidence. Remember that a survey only helps if the court can follow it. So it needs to be straightforward and concise.

Litigation-focused experts document every choice, write clear reports, and are ready to testify or to rebut a flawed study from the other side. Keegan & Donato do all of that and more. Our team will run the survey, critique the opposition, and serve as expert witnesses.

The team at Keegan & Donato will fit the work to the case timeline. Trademark cases move fast, from TROs to summary judgment. Keegan & Donato are built for those speedy schedules. We work scoping the issue with counsel, stress-testing stimuli, and delivering on time without cutting corners or missing a beat.

When Should You Bring In A Survey Expert?

• When similarity arguments hinge on consumer beliefs and you need empirical proof.
• When a mark or trade dress feature must be shown to have acquired distinctiveness.
• When fame and dilution are in play, and you need evidence of blurring or tarnishment.
• When opposing experts submit survey evidence that requires a methodical rebuttal.

Courts expect reliable methods and clear reasoning. That’s why attorneys hire trademark survey experts: to convert complex marketplace realities into credible, case-specific evidence.

Keegan & Donato Consulting combines accepted formats with innovative custom designs, rigorous sampling, and litigation-ready reporting to ensure that your argument rests on data, not assumptions.

Why attorneys hire trademark survey experts is ultimately about confidence, results, and winning. You need to be confident in the evidence you present. The Court has to be confident in how it was gathered. When your case needs rigorous consumer research, bring in Keegan & Donato Consulting. Start a conversation online or call (914) 967-9421.