Trademark Survey Experts for Litigation

Consumer Survey Research Built for Litigation

Consumer survey evidence can clarify how purchasers interpret trademarks, product packaging, advertising messages, and marketplace presentations. We work with counsel to determine whether a new study, an evaluation of existing research, or a rebuttal of an opposing expert’s survey is the right approach.

• Independent, case-specific survey design and execution
• Assessment of the appropriate consumer universe and sampling approach
• Survey analysis, critique, rebuttal, and litigation support
• Expert reports, depositions, and trial testimony where appropriate

Trademark and Consumer Survey Services

Explore our litigation-focused research services. Each service has its own dedicated page with details about the legal issue and the role consumer evidence may play.

Likelihood of Confusion Surveys

Measure whether relevant consumers may be confused about source, sponsorship, or affiliation when encountering contested marks or presentations.

Strength of Mark Surveys

Evaluate consumer recognition and source associations relevant to the commercial strength of a trademark.

Secondary Meaning Surveys

Examine whether consumers associate a descriptive designation with a single commercial source.

Acquired Distinctiveness Research

Assess source identification for trade dress, product design, color, and other potentially nontraditional marks.

Lanham Act Survey Research

Develop research responsive to claims involving trademarks, trade dress, and marketplace representations.

Consumer Perception Surveys

Investigate how consumers perceive packaging, product attributes, branding, and marketing claims.

Consumer Understanding Surveys

Test what consumers take away from advertising, labels, disclosures, and pricing messages.

False Advertising Survey Evidence

Measure consumer interpretation of challenged claims and evaluate alleged misleading impressions.

Survey Rebuttal and Critique

Review opposing studies for weaknesses in universe selection, stimuli, controls, questions, analysis, and conclusions.

Our Approach to Reliable Survey Evidence

Effective litigation surveys begin with the right research question. We evaluate the marketplace context and relevant consumer population, then select methods suited to the issues in dispute. The goal is evidence that can be explained clearly—including its limitations—rather than results designed to support a predetermined outcome.

• Identify the precise legal and factual question the research must address.
• Define the relevant consumer universe and appropriate screening criteria.
• Develop fair stimuli, suitable controls, and objective, non-leading questions.
• Apply consistent fielding procedures and review data quality.
• Analyze findings transparently and communicate conclusions in context.

Experience That Informs Litigation Strategy

Principals Mark Keegan and Tony Donato bring more than 40 years of combined experience conducting and critiquing consumer survey research. Their work spans trademark disputes, advertising claims, consumer behavior, and related litigation matters.

Mark Keegan — Consumer Survey Expert Witness

Mark Keegan is a founding principal and the firm’s primary testifying survey expert. His work includes survey design, analysis, critique, and testimony in matters involving trademark and advertising disputes.

Tony Donato — Consumer Survey Research and Analysis

Tony Donato has consulted on complex litigation since 2004, bringing experience in research strategy, survey execution, data analysis, and case management.

Frequently Asked Questions About Litigation Surveys

What is a trademark survey?

A trademark survey is consumer research designed to measure perceptions relevant to issues such as likelihood of confusion, secondary meaning, or commercial strength.

When should attorneys consider a consumer survey?

A survey may be useful when a material question depends on how relevant consumers perceive or understand a mark, advertisement, label, or other marketplace communication.

Can a survey help challenge an opposing expert?

Yes. A methodological critique may identify problems in respondent selection, controls, stimulus presentation, question wording, or the interpretation of findings.

How are litigation surveys designed?

The design depends on the legal question, relevant consumer universe, marketplace conditions, and the type of evidence needed. No single survey format fits every case.

Do consumer surveys guarantee a favorable court outcome?

No. Surveys are one form of evidence. Their relevance and weight depend on the methods, results, applicable law, and the broader case record.

How much does a consumer survey cost?

Fees depend on the scope, research design, audience, fielding requirements, and reporting needs. Contact the firm to discuss the circumstances of your matter.

Discuss Your Survey Research Needs

Whether your matter calls for a new consumer survey, a review of opposing evidence, or expert testimony, Keegan & Donato Consulting can help evaluate the research questions and appropriate next steps.

Call (914) 967-9421 or email info@keegandonato.com to discuss your case.