Each trademark infringement case is unique. When you need an expert for your litigation in Richmond, VA, consider Keegan & Donato Consulting. Get in touch with us to learn more about our approach and our affordable services.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced firms in the field of trademark litigation.
With a combined 25-plus years of experience in conducting consumer research studies, as well as membership in the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), and ESOMAR, the leading global association for market, social and opinion researchers, principals Mark Keegan and Tony Donato offer skills and tools that can help you strengthen your case.
Our nationwide services include these and other areas:
- State-of-the-art survey design and execution
- Full-service data gathering and reporting capabilities
- Damages analysis and forensic economic analysis
- Pilot studies and exploratory research
- Collaboration on complex commercial litigation issues
- Critique and rebuttalof opposing experts’ studies and reports
- Advice on questioning of opposing experts in deposition and at trial
- Expert witness testimonyon consumer survey, marketing & economic issues
A Flawed Survey Could Damage Your Case
Consumer surveys are an important part of determining whether competing marks are likely to confuse consumers, whether a descriptive mark has acquired secondary meaning, whether a mark is famous, and whether one mark is likely to dilute a competing mark.
Surveys are highly susceptible to criticism, however, and you can expect the courts to scrutinize them for methodological flaws. Sample selection issues, interviewer bias, and suggestive wording may cause a judge to attribute little weight to the survey or deem some or all of the results inadmissible.
In Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1142, 1144-50 (10th Cir. 2013), for example, there is an extensive discussion wherein the Court excludes the defendant’s survey evidence after concluding that it “had too many methodological flaws to be of any probative value.”
In Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), the Court deemed the plaintiff’s surveys inadmissible after finding them to be unscientific and poorly constructed. The Court also rejected the plaintiff’s survey expert as “unqualified to design a survey or to interpret survey results” [see 45 F.Supp.3d 1167-1170].
For reasons such as these, it is crucial to hire qualified survey experts, such as Keegan & Donato Consulting.
We have been engaged by leading IP litigation firms from coast to coast, such as Day Pitney LLP in New York City, Arent Fox in Washington, DC, Giampolo Law Group in Philadelphia, and Girard Gibbs LLP in San Francisco to help them navigate the trademark infringement cases their clients face.
When looking a trademark survey expert to assist you with litigation in Richmond, VA or anywhere in the nation, call Keegan & Donato Consulting at (914) 967-9421 to take advantage of our extraordinary expertise in consumer research.
Learn more about our services:
Likelihood of confusion
Strength of mark
Lanham Act claims