When you are litigating a case in Washington, D.C., and need a trademark survey expert, consider Keegan & Donato Consulting. We have the training and expertise to properly design and execute consumer research studies.
Keegan & Donato Consulting in Rye, NY has designed, executed, and critiqued hundreds of surveys that have been admitted into evidence in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues.
Principals Mark Keegan and Tony Donato offer a combined 25+ years of strategic and analytical skills in the area of intellectual property litigation, and have collaborated extensively with plaintiffs and defendants in support of trademark infringement and trade dress litigation and on cases involving marketing, business and financial issues.
Our surveys have been accepted as evidence in matters involving a wide variety of products and services in many different industries. We have partnered with leading IP litigators across the country, such as Blank Rome LLP, Giampolo Law Group, and Fox Rothschild LLP in Philadelphia, and many other firms from New York City to Los Angeles and Washington, DC to San Diego.
Why Hire Qualified Survey Experts?
Consumer survey evidence can play a significant part in your case and calls for hiring a qualified survey expert. Surveys continue to receive the critical attention of the courts, and it is crucial to choose an expert who will be able to withstand cross-examination and explain his or her survey methodology in a clear and concise manner.
In Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. PA. May 10, 2016), for example, Parks sued Tyson Foods, claiming that the “Park’s Finest” sausages and hot dogs manufactured by Tyson’s Hillshire Brands division 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.
Critique & Rebuttal
You may be confronted during litigation with a research study which, on its face, appears persuasive and well-executed. But research studies are not perfect, and Keegan & Donato Consulting can provide guidance about possible flaws in the survey evidence you face in your case.
Thanks to our unparalleled knowledge of the science and methodology behind consumer research surveys, we have the ability to identify weaknesses in a study that may not be apparent to an untrained eye, but may help you refute the credibility of an opposing expert’s work.
In addition to survey rebuttal, clients often enlist us for advice on how to approach an opposing expert’s deposition. We can counsel you on specific survey-related issues to address with the expert and on areas of questioning about survey research in general.
As you evaluate trademark survey experts for your IP litigation in Washington, D.C., call Keegan & Donato Consulting at (914) 967-9421 to find out how our highly qualified firm can help.