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Trademark and Trade Dress Surveys, Marketing, Licensing, Advertising

Harper Litigation Consulting and Research

Harper Litigation Consulting and Research

Serving Clients Nationwide
Dallas, Texas 75214

Phone(214) 244-4608

Website https:harperlitigationconsultingandresearch.com

► Contact Harper Litigation Consulting and Research

Expert WitnessForensic ExpertLitigation SupportSpeaker
* Fortune 100 CMO * Global Agency Leader * Adjunct Professor * Entrepreneur
Expertise You Need + Experience You Want. "I very strongly recommend Rhonda. She's great to work with, and her work product is absolutely top-shelf." Greenberg & Traurig, LLP

Retained by 100+ law firms since 2005, Ms. Harper is courtroom proven. Her 30+ year career includes serving as a Fortune 100 Chief Marketing Officer and an Adjunct MBA Marketing Professor. Ms. Harper is court qualified across many areas including licensing, commercial reasonableness, and intellectual property. She is routinely retained to formulate expert surveys, conduct rebuttal critiques, or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys.

Services

Ms. Harper has provided courtroom testimony in cases involving Trademark Infringement, Trade Dress Infringement, Patent Infringement, Misleading and False Advertising, Licensing, Defamation, Commercial Reasonableness, Breach of Contract / Performance, and Personal Injury.Headquartered in Dallas, TX, Ms. Harper has provided services in virtually every Circuit as well as JAMS and TTAB.

Trademark Infringement

Consumer opinions, behavior, and potential confusion are key issues in Lanham Act litigation and TTAB proceedings. Ms. Rhonda Harper develops surveys and analyzes these issues in relation to trademark or trade dress infringement, secondary meaning, and genericness.

Business & Marketing

With Ms. Rhonda Harper's 30+ years of Fortune 500 experience, she is skilled at providing reports involving marketing, branding, distribution, strategy, licensing, digital media, social media, in-store merchandising, and more.

Surveys

Ms. Harper's services include state-of-the art survey designs that are probative of the relevant issues in each case. She targets specific populations with appropriate universe selection and sampling frames, and features cutting-edge rotation and randomization of hundreds of question types with customizable complex skip and display logic when appropriate.

Deceptive Advertising

Deceptive advertising surveys provide an analysis of whether, and to what degree, consumers have been mislead and also whether it materially influenced consumer purchase decisions. Ms. Harper creates quantfiable surveys that provide a measure of consumer perceptions.

Rebuttal Reports

Ms. Rhonda Harper formulates expert rebuttal critiques or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys. Harper also provides guidance services on how to approach the opposing expert's deposition.

Consumer Privacy

From PII and CPPA to CDPs and more, Ms. Rhonda Harper helps match today's Mar/Tech world to your privacy case strategy. Working class action contract breakage cases, she has helped both Plaintiffs and Defendants from North Carolina to California.

Full Service Litigation Survey Support

Ms. Harper is routinely retained to formulate expert surveys, conduct rebuttal critiques, or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys. She has extensive experience and a deep understanding of survey design, sampling, question construction, data analysis, and methodological pitfalls that introduce bias or systematic error.

Ms. Harper uses only the most advanced online survey platform methods: representative panels, various question types and formats, real-time results, advanced rotation/randomization, quota building, skip and display logic, audio/video/image capabilities, and advanced screening and analytics capabilities.

Consumer Confusion: A well-executed survey can help brand owners and their counsel assess whether consumers are confused, and if so, to what extent. Ms. Harper is skilled at conducting many court-approved survey methods.

Secondary Meaning: Descriptive marks are not ordinarily protectable as trademarks unless they have acquired a secondary meaning. Ms. Harper has conducted many surveys to determine if a trademark has acquired secondary meaning.

Genericness: Does the mark describe the category or the unique brand? Ms. Harper's well designed genericness survey can determine whether a mark is generic or branded.

Strength of Mark: Trademark law protects distinctive marks, and the levels of legal protection are directly linked to the strength of the mark. Ms. Harper can deliver a survey to measure the level of consumer recognition of a mark or brand.

Dilution: 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 conducted by Ms. Harper.

False Advertising: Ms. Harper has successfully used surveys for issues raised in the Lanham Act, such as false advertising or labeling, are well-suited to testing through consumer surveys by addressing the ways in which consumers interpret – and misinterpret – names, symbols, and other marks used by businesses in commerce.

Trade Dress: 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.


Litigation Support Services

General Information
Ms. Rhonda Harper's expert witness fees are $600 per hour or $300 per hour for non-working travel time. Harper requires an upfront non-refundable retainer fee of $7,500 or 50% of estimated expert witness fees, whichever is higher. She generally invoices bi-weekly with 30 day terms.

All invoices must be paid prior to the delivery of the final, signed report. Deposition and trial fees are estimated and are due two weeks prior to event. If the event is canceled or changed for any reason, the fees are not refundable. Reconciliation of fees occurs within two weeks of the event. Ms. Harper travels business class with travel costs paid upon receipt.

Expert Naming Only
To name Ms. Rhonda Harper as an expert in your case, she requires an upfront non-refundable $7,500 retainer. This retainer may be applied to any work subsequently required.

Surveys
Generally, Ms. Rhonda Harper's survey fees average $30,000. Once she has scoped the project, she will provide a fixed fee. A 50% upfront nonrefundable payment for the survey's design, fielding, and oral top-line findings is required. Based on the findings, the client may or may not request a final, written report for the remaining fee. Sample costs are estimated at $7,500 but can be more if the participants are 'a needle in a haystack' to find. Ideally, Ms. Harper requires 2-6 weeks to complete a survey, including the report. If the timeline is less than four weeks, a survey may be completed and may include a rush fee.

Surveys Rebuttal Reports
Survey rebuttal reports generally range from $15,000 to $30,000. Ms. Harper requires a minimum of two weeks to complete the rebuttal report or rush charges may apply.

Non-Survey Expert Reports
Depending the topic and substance, expert reports generally begin at $25,000 and require 2-12 weeks to complete.

Areas of Expertise

Profile

CONSUMER SURVEYS, REPORTS, AND REBUTTALS - TRADEMARK AND TRADE DRESS INFRINGEMENT MISLEADING AND DECEPTIVE ADVERTISING LICENSING BREACH OF CONTRACT COMMERCIAL REASONABLENESS
"I very strongly recommend Rhonda. She's great to work with, and her work product is absolutely top-shelf." Partner, Greenberg & Traurig, LLP

RHONDA HARPER, M.B.A.
Retained by 100+ law firms since 2005, Ms. Harper is courtroom proven. Her 30+ year career includes serving as a Fortune 100 Chief Marketing Officer and an Adjunct MBA Marketing Professor. Ms. Harper is court qualified across many areas including licensing, commercial reasonableness, and intellectual property. She is routinely retained to formulate expert surveys, conduct rebuttal critiques, or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys.

Consulting Practice

All States

Harper Litigation Consulting and Research in the Social Networks

LinkedIn PageLinkedIn

Professional Experience

Ms. Harper has provided litigation consultation and expert witness services since 2005. On behalf of Plaintiffs and Defendants (60%/40% respectively), more than 100 law firms have engaged her to provide 65+ surveys, 80+ reports, 30+ rebuttals, 45+ depositions, and testify in 20+ trials.

Ms. Harper has provided courtroom testimony in cases involving Trademark Infringement, Trade Dress Infringement, Patent Infringement, Misleading and False Advertising, Licensing, Defamation, Commercial Reasonableness, Breach of Contract / Performance, and Personal Injury.

Ms. Harper has extensive experience and a deep understanding of survey design, sampling, question construction, data analysis, and methodological pitfalls that introduce bias or systematic error.

Headquartered in Dallas, TX, Ms. Harper has provided litigation consulting and research services in virtually every Circuit as well as JAMS and TTAB.


Legal Experience & Services

Law firms, both large and small, have relied on Ms. Rhonda Harper's expertise and experience - many for more than one case.
* Repeat Client For More Than One Case. ** Retained For More Than One Project For One Case.

Akerman LLP
Akin Gump Strauss Hauer & Feld
Albritton Law Firm
Altman Law Group
Anderson & Anderson LLP
Astourian & Associates Inc.
Atkinson, Andelson, Loya, Ruud & Romo
Barnes & Thornburg LLC**
Benton Law Firm
Brinks Gilson & Lione
Bowman Brooke
Brown Fox Law
Braxton Hilton & Perrone PLLC
Brunini, Grantham, Grower & Hewes, PLLC**
Colley Shroyer and Abraham
Collen IP
Connelly Rose
Cox Wootton Lerner
Clark Hill**
David Howard Law Firm PC
Davis Firm
Dawson Parish PC
Dentons US LLP*,**
Ditthavong & Steiner**
Dunlap Bennett & Ludwig**
Espinosa Tueba PL
Feldman Law Group
Fitzhugh Alvalero and Lee
Foley & Lardner LLP *, **
Foster Pepper PLLC**
Foust Partners
Fox Rothschild**
Friedman & Feiger
Frutkin Law Firm PLC
Gibson Dunn & Crutcher
Goldfarb PLLC
Goodsill Anderson Quinn & Stifel
Grant, Genovese & Baratta, LLP
Gray Robinson
Greenberg Traurig LLP*, **
Hagans Montgomery Rustay PC
Hartline Dacus Barger Dreyer LLP
Hedrick Kring PLLC
James H Horton Law Offices PC
John J Skinner
Jones Waldo Holbrook & McDonough
Kane Russell Coleman & Logan PC
Kirkland & Ellis LLP
Law Offices of Mark B. Rosen
Law Offices of William G. Shaw Jr.
Lee Shome & Kennedy LLP**
Lipton Weinberger & Husick
Lowe Hauptmann Ham & Berner LLP
Madden & Madden PA
Manning & Kass Ellrod, Ramirez, Trester LLP
Mark G. Usdin PA
Matesky Law PLLC**
McArthur Law Practice
McCauley Westberg & Ramirez PLLC
McDavid & Associates PC
Merchant Law Group
McDonnell Boehnen Hulbert & Berghoff LLP
Michael Freund & Associates
Michelman & Robinson, LLP
Morris Manning & Martin
Morrison & Foerster LLP
Mullin Russ Kilejian PC
Munger Tolles & Olsen LLP
Niro Haller & Niro Ltd.
O'Melveny & Myers LLP
ONE LLP
Paul Hastings LLP
Paul Owens Law Firm
Paul Wilkinson Law Firm LLC
Pennington PA
Ramirez and Associates PC
Richard Harrison PA Attorneys at Law
Romero Park PC
Sandberg Phoenix & Von Gantard*,**
Shackelford Melton & McKinley
Shafer & Associates PC
Sheef & Stone LLP
Sheehy Ware & Pappas
Sloan Matney
Spangenberg Shibley & Liber LLP
Stinson Leonard Street**
Sullivan & Cromwell LLP
Swanson & Bratschun LLC
Taylor Porter **
Thomas & LoCicero PL
Thompson Coe
Touchstone Bernays Attorneys at Law
Underwood Perkins
Van De Poel, Levy, Arneal & Serot, LLP
Vedder Price*, **
Venable PC
Vorys Sater Seymour and Pease LLP
Wagner Law
Wagner McLaughlin PA
Womble Bond Dickinson**
Wright Close
Zuber Lawler & Del Duca LLP


Affiliations

Ms. Rhonda Harper has served as a member of Boards of Directors for:
Brand Activation Association
Insights Association
Emory University Goizueta Business School Alumni Association
Partnership Against Domestic Violence
Leadership Worth Following

Ms. Harper is a member, or former member, of:
Insights Association
International Trademark Association
Data & Marketing Association
American Marketing Association
Institute of International Research
American Association for Public Opinion Research
Public Relations Society of America


Qualifications

Fortune 500 SENIOR EXECUTIVE

A former top 120 global Walmart Officer and CMO/VP of Marketing for Sam's Club ($40 billion), Ms. Harper previously served as an Officer and CMO/VP of Marketing for VF Corp / Vanity Fair Intimates ($1.5 billion). In both positions she led global responsibility for all corporate strategy, marketing, branding, research/insights, in-store merchandising, creative services, innovation, trade marketing, shopper marketing, and communications. Ms. Harper is also the former Global Director of Marketing Communications for UPS ($70 billion), as well as the GM/SVP, Ketchum Communications (3rd largest public relations firm in the world) where she led the Dallas and Atlanta offices. Her career began with executive roles in brand management, marketing, strategy, and promotion with Nabisco Biscuit and Warner-Lambert.

MANAGEMENT AND MARKETING CONSULTANT

Ms. Harper founded and led RTM&J, an organic growth strategy boutique consultancy with 4-15 employees from 2002-2011. Select projects include:

Global Web Strategy, IBM
Private Brand Strategy, The Home Depot
Brand Repositioning, HSN
Retail Strategy, The Coca-Cola Company
Innovation (New Products)Pipeline, Tyson Foods
Cereal Platform, Kellogg's
Multicultural Roadmap, Target
Brand Positioning, Russell Athletic Company
New Product Commercialization, SC Johnson
Segmentation & Communication Strategies, Arby's
Hispanic Marketing, Papa Johns
User Experience, Washington Mutual / Chase

SERIAL ENTREPRENEUR

Harper Start-UpsMs. Harper founded, owned, and led Penrose Check-In Services, the original senior care auditing company. Penrose provided tech-enabled Apps to assess seniors and their well-being including the proprietary CareCheck comprised of 150 items across 7 Quality of Life Factors (well being, safety, comfort, cleanliness, maintenance, supplies, caregiver observations), improving the lives of seniors and their families. Ms. Harper and Penrose received many industry accolades, including:

Winner - North American Finalist, Cartier Women's Initiative (a global business case competition co-sponsored by McKinsey & Co.) 2017
Winner, AARP Innovation@50+ 2016 Best Start-up for Seniors (national award)
Winner, 2016 Dallas 100 Entrepreneur Award
Winner, American Geriatrics Society Top 15 Start -Up Firms 2016 (national award)

Ms. Harper founded the first and only tech-based nationwide neighbor-to-neighbor rental item community, Whimiy.com. Leveraging the sharing economy and minimalism, Whimiy helped people earn cash, spend less, and reduce waste by renting household items. From baby and lawn-care to trucks and party items, Whimiy had it all. Free to register, member-determined terms and pricing, Whimiy collected 20% when items rented. Whimiy - What Is Mine Is Yours

Finally, Ms. Harper co-founded Leadership Worth Following, a premier leadership identification and coaching firm in Dallas, TX, and served on its Board of Directors for eight years.


Awards & Honors

Member, Board of Directors, Emory University Goizueta Business School Association
Member, Board of Directors, Promotion Marketing Association
Winner - AARP Innovation@50+ 2016 - best start-up (Penrose Check-In Services)
Winner - American Geriatrics Association 2016 - best start-up (Penrose Check-In Services)
Winner - Cartier Women's Initiative, North America 2017 (top social-entrepreneur for Penrose Check-In Services)


Publications

Adjunct MBA Marketing Professor, American University
Adjunct MBA Marketing Professor, Fairleigh Dickinson
Adjunct Marketing Professor, American University
Guest Lecturer, Emory University Goizueta Business School
Guest Lecturer, College of William and Mary
Speaker, Harvard Business School
Speaker, AMA
Speaker, PMA
Speaker, IIR
Speaker, ICCFA
Speaker, Lilly
Speaker, Indian Business Association
Speaker, Entrepreneur's Organization (EO)
Speaker, John's Hopkins
Speaker, Industrial Organization and Behavioral Psychology Convention


Professional References

MORE THAN 100 law firms, both large and small, have relied on Ms. Rhonda Harper's expertise and experience - many for more than one case.
References available upon request.


Education

MBA, Marketing & Management, Emory University Goizueta Business School
BS, Education / Math Resource, Illinois State University




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