As you evaluate trademark survey companies for litigation in Bethesda, MD, consider Keegan & Donato Consulting. We will help you design a reliable, methodologically sound consumer survey to support your case.
Keegan & Donato Consulting, located in Rye, NY, is a specialty research consultancy that designs and executes consumer-based surveys for attorneys and their clients across the nation in the context of intellectual property disputes.
With over 25 years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato have expertise on many topics in the areas of trademark and trade dress, including:
- Likelihood of Confusion Analysis & Surveys
- Strength of Mark Analysis & Surveys
- Secondary Meaning Analysis & Surveys
- Lanham Act Analysis & Surveys
- Trade Dress Analysis & Surveys
- False & Deceptive Advertising Surveys
- Consumer Perception Analysis & Surveys
- Consumer Understanding Studies
- Marketing, Damages & Forensic Economic Analyses
- Deposition & Trial Questioning Advice
- Expert Witness Testimony
- Critique of Opposing Experts’ Studies & Reports
We have assisted well-known IP litigation firms, such as Duane Morris LLP in San Francisco, Giampolo Law Group in Philadelphia; Debevoise & Plimpton LLP in New York City; and Ropes & Gray LLP in Washington, DC, develop effective case strategies.
What Can Be Measured by a Trademark Survey?
Surveys can be extremely useful in your attempt to measure issues related to intellectual property matters and provide evidence of infringement.
Likelihood of confusion is a common issue addressed by consumer survey research. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe there is a relationship between the plaintiff’s and the defendant’s mark, brand, or product.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, can be measured by means of a consumer research study, and may provide a strong indication that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness. Consumer recognition of a famous mark can be measured directly by a survey.
Acquired distinctiveness can be measured with consumer survey research. When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and widespread commercial use.
Trade dress, like a trademark, is protectable under the Lanham Act. Conducting a consumer survey can help you gather the evidence to prove whether the trade dress in question has established secondary meaning or is likely to cause confusion in the marketplace.
Trademark survey companies can help you understand the importance of making consumer research studies part of your Bethesda, MD trademark litigation. Call Keegan & Donato Consulting at (914) 967-9421 to learn more.
Learn more about our services:
Likelihood of confusion
Strength of mark
Lanham Act claims