Trademark surveys can be used to test a wide range of Lanham Act claims. When you need a trademark survey expert in Baltimore, take advantage of the extraordinary expertise of Keegan & Donato Consulting.
Keegan & Donato Consulting provides service to attorneys practicing in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues. Principals Mark Keegan and Tony Donato offer clients more than 25 combined years of proven survey methodologies, deep operational insight, and extensive industry experience.
We provide expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants in support of trademark infringement litigation, and have collaborated extensively on cases involving business, marketing, and financial issues.
Can a Trademark Survey Help Your Case?
Good survey evidence can be powerful, but trademark surveys are not typically accepted without challenge. Courts require accurate, real-world data, and poor designs and methodological flaws can result in partial or full exclusion of survey evidence from a case.
In Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. PA. May 10, 2016), for example, plaintiff Parks claimed that the defendant’s “Park’s Finest” sausages and hot dogs infringed on its “Ball Park Franks” brand.
The Court was critical of methodological flaws in a consumer survey submitted by Parks. It “was not probative of secondary meaning” and “was not directed at the appropriate universe of consumers.” Tyson Foods, on the other hand, introduced a consumer survey that showed little evidence of consumer confusion between its Park’s Finest sausages and Parks brand sausages. Tyson Foods prevailed.
If you are thinking you may not need a survey for your trademark litigation, consider that a number of court decisions have drawn negative inferences from the absence of survey evidence.
For example, in Pharmacia Corp. v. Alcon Labs, Inc., 201 F.Supp. 2d 335, 373 (D.N.J. 2002), the court noted that, “Pharmacia is not legally required to conduct a confusion survey. But … such a failure, particularly when the trademark owner is financially able, justifies an inference that the plaintiff believes the results of the survey will be unfavorable.”
Trademark Survey Methodology
In successful surveys, quality is paramount. To meet each client’s needs, Keegan & Donato Consulting follows established principles of consumer survey research to explore relevant issues in the case and target specific consumer populations with appropriate universe selection and sampling frames.
Our survey designs feature complex skip and display logic as well as cutting-edge rotation and randomization of questions, answer options, and stimuli when appropriate. We obtain survey samples from prominent marketing research companies that are top providers of survey sample in the U.S. and that maintain multi-million-member online consumer panels.
We have implemented rigorous procedures to minimize potential data collection biases in our effort to provide clients with high-quality information about the targeted population, and a complete analysis and reporting of the survey data.
If you are in the midst of IP litigation in Baltimore or elsewhere in the U.S., discover how a trademark survey expert can help you prove or disprove likelihood of confusion or trademark infringement. Call Keegan & Donato Consulting at (914) 967-9421 to find out how we can help.