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Mark Keegan

Mark Keegan

Consumer survey expert witness

Consumer Survey Expert Witness for Trademark and Advertising Litigation

Mark is a founding principal of Keegan & Donato Consulting and the firm’s main testifying survey expert. He designs, conducts, evaluates, and critiques consumer research for trademark, advertising, and consumer-perception cases.

He also serves as a rebuttal expert, evaluating opposing survey evidence and testifying about its methods and conclusions.

Mark Keegan

Experience

25+YearsIn consumer survey research
1,000+SurveysPersonally conducted
250,000+ConsumersReached through his surveys

His survey work has been presented in:

Federal courtsState courtsArbitrationsTrademark Trial and Appeal Board proceedingsNational Advertising Division mattersU.S. International Trade Commission proceedings

Survey areas

Likelihood of confusion, secondary meaning and acquired distinctiveness, genericness, fame, false advertising, and consumer understanding. The research design depends on the question in the case.

Likelihood of confusionSecondary meaning and acquired distinctivenessGenericnessFameFalse advertisingConsumer understanding

Professional background

Mark combines survey research, marketing, and legal training. He worked in marketing strategy and operations before founding the firm, and is licensed to practice law in New York and Connecticut.

Teaching and speaking

He has taught and spoken on litigation survey research in continuing legal education programs, at professional conferences, and in law schools. He also works with counsel on new research, evaluating existing studies, and rebuttal assignments.

Education and Credentials

J.D.

Brooklyn Law School, 1995

B.A.

Pace University, 1990

Professional Certificate

Principles of Market Research Program, University of Georgia, 2021

Professional Certified Marketer

American Marketing Association

How much will a survey cost?

Every study is built around the needs of the case, so the cost depends on the design.

See Rates & Fees

Discuss a survey or expert witness engagement

Call us to talk through your matter and how Mark can help.

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