Keegan & Donato Consulting designs, executes, and analyzes trademark surveys for intellectual property law firms and their clients. We provide the expertise you need to develop a powerful trademark infringement case strategy.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced companies in the field of trademark litigation. 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.
We have assisted IP litigation firms across the nation develop effective case strategies, such as Ropes & Gray LLP in Washington, DC, Giampolo Law Group in Philadelphia, Debevoise & Plimpton LLP in New York City, Pashman Stein in New Jersey, and Blood Hurst & O’Reardon LLP in San Diego.
What Can Be Measured by Trademark Surveys?
A consumer survey can be indispensable in winning trademark litigation, particularly when the rest of the evidence is unclear. The experts at Keegan & Donato Consulting can help.
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.
Strength of mark is most often assessed on a spectrum of distinctiveness. The inherent strength of a mark is instrumental in the development of brand recognition among consumers, and also has a bearing on available legal protections. Generally, marks that are inherently distinctive are afforded higher levels of protection than marks that are less distinctive.
Consumer perception is a common issue in false advertising and other types of consumer fraud cases. Surveys can be an invaluable tool for gauging consumer perception of products or services; assessing the buying habits of a target market; testing the marketplace for a new brand name, logo, or concept; and other key marketing issues.
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.
By presenting fact-based evidence in support of your position, trademark surveys can help bolster the cases of intellectual property law firms and their clients. Call Keegan & Donato Consulting at (914) 967-9421. We will help you design a reliable, methodologically sound consumer survey to support your case.