Are you facing questionable survey evidence in a high-stakes intellectual property dispute? The survey rebuttal specialists at Keegan & Donato Consulting may be able to expose critical flaws and weaknesses in the evidence to help you develop an effective rebuttal strategy.
The principals of Keegan & Donato Consulting, Mark Keegan and Tony Donato, offer clients a blend of strategic and analytical skills and more than 25 years of combined expertise in designing, executing and critiquing consumer research studies in the context of litigation.
Mark Keegan is a member of the New York and Connecticut Bar Associations and has developed complex litigation strategies for his clients and served as a marketing strategist with top brands. He is also an AMA-designated Professional Certified Marketer.
Tony Donato has a Master of Public Policy from Georgetown University and considerable experience in marketing, intellectual property, and consumer behavior cases covering trademark, copyright, patent, best efforts, advertising, business damages, consumer surveys, and business ethics.
The firm’s vast experience includes conducting consumer-based surveys to test a wide variety of Lanham Act claims, such as likelihood of confusion, strength of mark, secondary meaning, acquired distinctiveness, trade dress, and others, false and deceptive advertising, consumer perception, and expert witness testimony on consumer survey, marketing and economic issues.
We provide a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and/or trial, and rebuttal and critique of opposing parties’ surveys when applicable.
Should You Hire a Survey Expert?
Surveys are highly susceptible to criticism, and you can expect the courts to scrutinize them for methodological flaws. Sample selection issues, interviewer bias, and suggestive wording often cause judges to attribute little weight to a survey or deem some or all of the results inadmissible.
For this reason, we highly recommend hiring qualified survey experts. Keegan & Donato Consulting’s methodologically sound consumer research studies and expert testimony will meet the courts’ standards for design, execution, and analysis and serve as powerful evidence in your case.
We can also help you rebut an adversary’s survey evidence by providing you with guidance about possible flaws and weaknesses in the survey. Another service involves advising you on how to approach an opposing expert’s deposition with specific survey-related issues that can be addressed and areas of questioning about survey research in general. These services can be of remarkable value to your client.
Trademark surveys can play a crucial role in successfully resolving a dispute, but, when you face tough survey evidence, the critique and rebuttal of an opposing expert’s studies and reports can be equally important. Contact the specialists at Keegan & Donato Consulting at (914) 967-9421. We can deliver intelligence quickly and within a wide range of budgets.