When you are engaged in trademark infringement litigation in San Diego, a consumer survey conducted by a consumer research expert can help you bolster your case with empirical data about the beliefs and attitudes of consumers toward a product or mark.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced firms in the field of trademark litigation. We utilize classic survey designs as well as innovative custom designs to meet our clients’ needs.
We have been engaged by leading IP litigators in San Diego, including Stanley, Mandel & Iola, LLP, Blood Hurst & O’Reardon LLP, and Cooley LLP, and provide service to attorneys practicing throughout the nation in federal and state courts, before arbitration panels, the Trademark Trial and Appeal Board (TTAB), and other specialty venues.
Surveys in Trademark Litigation
Litigants often use consumer research surveys to convince a court that consumer confusion exists (or does not exist) between trademarks when trademark infringement is alleged. These surveys provide direct evidence about consumer perceptions that is difficult to achieve from visual comparisons and expert testimony alone.
Keegan & Donato Consulting utilizes an industry-leading online survey software platform to design and execute state-of-the-art surveys that feature:
- Ability to target specific populations
- Balanced, representative panels
- Hundreds of question types and formats
- Advanced question rotation and randomization
- Customizable complex skip and display logic
- Real-time survey results
- Advanced quota building
- Advanced screening capabilities
- Audio, video and image capabilities
- Graphic design capabilities
The Lanham Act prohibits the unauthorized use of a registered mark in a manner that is “likely to cause confusion, or to cause mistake, or to deceive.” Consumer surveys can be very influential in determining whether a likelihood of confusion exists, particularly in the absence of other persuasive evidence. They can also be instrumental in settlement negotiations.
However, consumer research surveys are vulnerable to criticism, and courts take care to verify whether the survey design or methodology was flawed in any way. Issues surrounding the selection of sample, interviewer bias, or suggestive wording may cause a court to discount all or part of a survey.
Keegan & Donato Consulting’s methodologically sound surveys will provide persuasive evidence of consumer perceptions of the products and brands at issue and will stand up to judicial scrutiny.
In addition to designing and executing our own consumer surveys, our firm is often engaged to critique consumer research studies submitted by opposing experts. We have reviewed and rebutted hundreds of consumer surveys conducted in conjunction with litigation.
Having a qualified survey expert review and respond to the opposing expert’s survey work is a critical component of an effective rebuttal strategy. Keegan & Donato Consulting can guide you through potential flaws and weaknesses in a study you are facing in your litigation. We can also provide guidance for questioning an opposing expert regarding their survey research at deposition.
When you need a trademark survey expert for IP litigation in San Diego, call (914) 967-9421 or contact us here to find out how Keegan & Donato Consulting can help.