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Experience

  • Experience
Keegan & Donato Consulting, LLC

Experience

Our Trademark Survey Experts

Mark Keegan and Tony Donato have designed, executed, and critiqued hundreds of consumer surveys in litigation. Our surveys have been presented in federal and state courts, in front of the Trademark Trial and Appeal Board (TTAB), at the National Advertising Division (NAD), and other specialty venues. Cases have spanned a broad range of issues related to consumer behavior, marketing, economics, business, and finance.

Mark is the primary testifying expert and has been accepted as a marketing and consumer survey expert in dozens of cases and trials.

40+
Years of combined experience
Conducting and critiquing
consumer survey research

Mark Keegan

Mark Keegan

Founding Partner · Primary Testifying Expert

  • Over 25 years of shaping case strategy in complex litigation, including Lanham Act, marketing, and international business matters.
  • Founding partner of Keegan & Donato and its predecessor, Keegan & Company; earlier a marketing strategist and operations manager.
  • Accepted as a consumer survey expert in dozens of cases and trials.
  • Professional Certified Marketer, American Marketing Association.
  • J.D., Brooklyn Law School (1995), licensed in New York and Connecticut; B.A. in history, Pace University; University of Georgia Principles of Market Research Program.

Tony Donato

Tony Donato

Founding Partner · SURVEY DESIGN, DATA ANALYSIS, & CASE MANAGEMENT

  • Consultant in complex litigation since 2004, covering research, strategy, survey design and execution, data analysis, and case management.
  • Experience in marketing, intellectual property, and consumer behavior cases, including trademark matters.
  • Former member of the research team at Harvard Medical School’s Division on Addictions; co-author of several peer-reviewed journal articles.
  • M.P.P., Georgetown University (2002); B.A. in politics, Ursinus College (2000).

Areas of Expertise

Likelihood of Confusion

Test-versus-control experimental designs.

Strength of Mark

Survey evidence on how strong a contested mark is.

Secondary Meaning

Whether a mark has acquired meaning for consumers.

Acquired Distinctiveness

How trade dress, such as product design or color, affects consumers.

Lanham Act Claims

Surveys for confusion, secondary meaning, trade dress, and related claims.

Consumer Perception

How consumers view marks, designs, colors, and websites.

Consumer Understanding

How consumers process marketing messages, labeling, and disclaimers.

Rebuttal Work

Critiquing and rebutting opposing experts’ surveys.

Need reliable, data-driven insights for your case?

Call us to find out how a survey could strengthen your evidence.

Contact Us