If you are a trademark attorney whose case strategy calls for a survey expert, take advantage of support from Keegan & Donato Consulting. We can deliver persuasive trademark tarnishment survey evidence that will stand up to judicial scrutiny.
Keegan & Donato Consulting designs and executes consumer survey research studies and collaborates on a wide range of marketing and complex commercial litigation issues.
We offer a combined 25+ years of experience in conducting consumer research studies in the context of intellectual property disputes and provide nationwide services in these and other areas:
- State-of-the-art survey design and execution
- Full-service data gathering and reporting capabilities
- Pilot studies and exploratory research
- Damages analysis and forensic economic analysis
- Collaboration on complex commercial litigation issues
- Critique and rebuttal of opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
About Trademark Dilution
Dilution by Blurring occurs when a famous mark becomes identified with more than one type of product, diminishing the uniqueness of the mark, such as might happen if consumers encountered “Coca-Cola” toothpaste or “Starbucks” shoes.
Dilution by Tarnishment occurs when the reputation of a famous mark is negatively impacted by association with an unflattering or unsavory product, such as using the children’s game “Candyland” for the name of an adult website.
Until 1996, when the Federal Trademark Dilution Act (FTDA) (15 U.S. Code, Section 1125(c)) was enacted, there was no federal law prohibiting trademark dilution. A U.S. Supreme Court decision, however, determined that owners of famous marks had to provide evidence of actual economic injury in order to prevail.
Congress overturned this decision in 2006 and enacted the Trademark Dilution Revision Act (TDRA). The TDRA defined the different types of dilution and clarified what factors make a mark “famous.” It also provided additional remedies when an infringing party is found to have willfully intended to trade on the recognition of or damage the reputation of the famous mark.
Cost of Trademark Surveys
Keegan & Donato Consulting’s consumer research studies are custom-designed to meet the needs of each individual case. This often involves targeting specialized populations of respondents and developing unique designs to address the specific issues of importance in the case, factors that affect the time and level of difficulty of executing a study, as well as its overall cost.
Most of our consumer studies cost between $30,000 and $80,000 to complete, and $55,000 is the most typical cost. We work on a fixed rate or hourly basis depending on your needs and will work with you to design a survey that is both reliable and within your budget. We will always provide you with an estimate of project costs prior to engagement.
Keegan & Donato Consulting has extensive experience conducting Lanham Act trademark tarnishment surveys. Please contact us at (914) 967-9421 to find out more about how consumer data can help your case. We deliver intelligence quickly and within a wide range of budgets.