Trademark and Trade Dress Surveys, Marketing, Licensing, Advertising
Harper Litigation Consulting and Research
Dallas, Texas 75214
► Contact Harper Litigation Consulting and Research
Expert WitnessForensic ExpertLitigation SupportSpeaker
Founded in 2005, Harper Litigation Consulting and Research has been trusted by more than 130 law firms. Ms. Rhonda Harper is a courtroom proven expert witness, having provided expertise in virtually every circuit, along with JAMS, TTAB, PTO, and FTC. She has also provided testimony for both the prosecution and defense in federal and state criminal trials for offenses ranging from fraud to murder. As a former Fortune 100 chief marketing officer and an adjunct marketing professor, she is uniquely court-qualified in many areas, including intellectual property infringement surveys, misleading and fraudulent advertising, licensing, defamation, and commercial reasonableness. 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.
Trademark Infringement Surveys
Consumer opinions, behavior, and potential confusion are key issues in Lanham Act litigation and TTAB proceedings. Ms. Harper develops surveys and analyzes these issues in relation to trademark or trade dress infringement, secondary meaning, and genericness. Harper Litigation Consulting and Research capabilities include state-of-the art survey designs that are probative of the relevant issues in each case.
Rebuttal Reports and Surveys
Ms. Harper has successfully rebutted expert opinions regarding intellectual property infringement surveys, licensing, and advertising. She formulates expert rebuttal critiques based on solid marketing principles and models, professional research standards, and her more than 30 years of Fortune 500 experience. Ms. Harper also provides guidance on how to approach the opposing experts' depositions.
Business & Marketing
With over 30 years of Fortune 500 experience, Ms. Harper is uniquely skilled at providing reports involving marketing and branding, distribution, strategy, defamation, licensing, digital media, social media, in-store merchandising, and more.
Pre-Trial Focus Groups
Gain insights into how the jury may perceive your witnesses, case strategy, questions, and demonstratives. Dig deep into their potential attitudes, beliefs, and opinions in a live, interactive, online session. Then, refine your case strategy to improve your chances of litigation success.
Deceptive advertising surveys provide an analysis of whether and to what degree consumers have been misled and whether that materially influenced consumer purchase decisions. Ms. Harper designs, fields, and analyzes quantifiable surveys that provide a reliable measure of consumer perceptions.
Obtain feedback from jurors to better understand what worked and what did not work in your case. Jurors will be more comfortable and provide more honest and complete feedback to a third party. During individualin-depth interviews (IDIs), we will dig deep into why jurors came to their conclusions.
PTO Examining Attorney Support
Ms. Harper provides two inexpensive PTO Examining Attorney likelihood-of-confusion support services: a PTO Survey Snapshot and a PTO Marketing Brief.
Strengthen your case mediation with a cost-effective Mediation Snapshot Survey or Mediation Marketing Brief.
Litigation Support Services
Ms. Rhonda Harper's expert witness fees are $650 per hour or $325 per hour for non-working travel time. She requires an upfront non-refundable retainer of $10,000 or 50% of estimated expert witness fees, whichever is greater.
All invoices must be paid prior to the delivery of the final, signed report. Deposition and trial fees are estimated and invoices are due two weeks prior to the event. If the event is canceled or rescheduled 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 Fees
To secure and disclose Ms. Harper as an expert in your case, an upfront non-refundable $10,000 retainer is required. This retainer may be applied to any work subsequently performed.
Generally, Ms. Harper's survey fees range from $20,000 - $45,000 plus an estimated sample cost of $7,500. Survey fees and costs depend on the type and format of survey, number and types of stimuli, complexity of analysis, and universe incidence rates. Once your specific project is scoped, Ms. Harper 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 universe's population is 'a needle in a haystack' to find.
Ideally, Ms. Harper requires four to six weeks to complete a survey, including the report. If the timeline is less than four weeks, a survey may be completed for a rush fee.
Surveys Rebuttal Report Fees
Survey rebuttal reports typically range from $20,000 to $30,000. The exact fees depend on the complexity of the rebuttal required. Ms. Harper requires a minimum of two weeks to complete the rebuttal report, or rush charges may apply.
Non-Survey Expert Report Fees
Depending the topic, complexity, and substance, Ms. Harper's expert reports begin range from $10,000 - $35,000 and require 2-12 weeks to complete.
Areas of Expertise
Ms. Harper has been retained by more than 130 law firms. She 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, merchandising, and product-related personal injury. She has also provided testimony for both the prosecution and defense in criminal trials for offenses ranging from fraud to murder. Based in Dallas, Texas, Ms. Harper has provided litigation consulting and research services in virtually every circuit, along with JAMS, TTAB, and FTC.
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Expert Witness, Harper Litigation Consulting and Research
Chief Marketing Officer & VP Marketing, Walmart Sam's Club
Chief Marketing Officer & VP Marketing, VF Corporation VFI
Senior Vice President & General Manager, Ketchum Communications
Global Director, Marketing Communications, UPS
Marketing Promotion Director, Nabisco Biscuit Division
Master of Business Administration (MBA), Emory University – VP, Business School
Bachelor of Science (BS), Education / Math Resource, Illinois State University – Faculty Advisor
Founder & CEO, Penrose Check-In Services LLC
• International Winner: Cartier Women's Initiative 2017, co-sponsored by McKinsey & Co.
• National Winner: AARP Innovation@50+, Best New Start-Up
• National Winner: American Geriatrics Association, 10 Best New Start-Ups
Founder & CEO, RTM&J LLC
Co-Founder and Board of Directors, Leadership Worth Following
Adjunct Marketing Professor, American University and Fairleigh Dickinson
MBA Case Competition Judge, Emory University
Board of Directors Member, Emory University Goizueta Business School Alumni Association
Note: The Chief Marketing Officer position title was not available at Walmart or VF Corporation. However, Ms. Harper held the highest marketing position and was an Officer of both companies.
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.
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
Brown Fox Law
Braxton Hilton & Perrone PLLC
Brunini, Grantham, Grower & Hewes, PLLC**
Choken Welling LLP
Colley Shroyer and Abraham
Cox Wootton Lerner
David Howard Law Firm PC
Dawson Parish PC
Dentons US LLP*,**
Devlin Law Firm*,**
Ditthavong & Steiner**
Dunlap Bennett & Ludwig**
Espinosa Tueba PL
Feldman Law Group
Fitzhugh Alvalero and Lee
Foley & Lardner LLP *, **
Foster Pepper PLLC**
Friedman & Feiger
Frutkin Law Firm PLC
Gibson Dunn & Crutcher
Goodsill Anderson Quinn & Stifel
Grant, Genovese & Baratta, LLP
Greenberg Traurig LLP*, **
Gugliotta & Gugliotta, LPA
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
Kellogg Huber Hansen Todd Evans & Figel
Kirkland & Ellis LLP
Law Offices of John D. Gugliotta
Law Offices of Mark B. Rosen
Law Offices of William G. Shaw Jr.
Lee Shome & Kennedy LLP**
Lewis Roca Rothgerber Christie
Lipton Weinberger & Husick
Lowe Hauptmann Ham & Berner LLP
Madden & Madden PA
Manning & Kass Ellrod, Ramirez, Trester LLP
Mark G. Usdin PA
Mark Migdal & Hayden
Matesky Law PLLC**
McArthur Law Practice
McCauley Westberg & Ramirez PLLC
McCormick & Priore PC
McDavid & Associates PC
McGowan Legal PLLLC**
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
O'Melveny & Myers LLP
Paul Hastings LLP
Paul Owens Law Firm
Paul Wilkinson Law Firm LLC
Ramirez and Associates PC
Richard Harrison PA Attorneys at Law
Romero Park PC
Sandberg Phoenix & Von Gantard*,**
Shackelford Melton & McKinley
Shafer & Associates PC
Shearman & Sterling LLP
Sheef & Stone LLP
Sheehy Ware & Pappas
SML Avvocati PC**
Spangenberg Shibley & Liber LLP
Stanton IP Law Firm, PA
Stinson Leonard Street**
Sullivan & Cromwell LLP
Swanson & Bratschun LLC
Taylor Porter **
Thomas & LoCicero PL
Touchstone Bernays Attorneys at Law
Van De Poel, Levy, Arneal & Serot, LLP
Vedder Price*, **
Vorys Sater Seymour and Pease LLP
Wagner McLaughlin PA
Womble Bond Dickinson**
Zuber Lawler & Del Duca LLP
Board of Directors, Member, Speaker, Brand Activation Association
Board of Directors, Member, Speaker, Insights Association
Member, International Trademark Association
Member, Data & Marketing Association
Member, Speaker, American Marketing Association
Member, Speaker, Institute of International Research
Member, American Association for Public Opinion Research
Member, Speaker, Public Relations Society of America
Experience that includes being a Fortune 100 officer, marketing and management consultant, serial entrepreneur, and an adjunct college professor
*Fortune 500 Senior Executive
A former top 120 global Walmart officer and CMO/VP of Marketing for Sam's Club, Ms. Harper previously served as an officer and CMO/VP of Marketing for VF Corp/Vanity Fair Intimates. 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 the former Global Director of Marketing Communications for UPS, and the General Manager and Senior Vice President for Ketchum. She began her career 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 that grew to 15 employees, from 2002 to 2011. Selected projects included:
• 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
Ms. Harper founded the acclaimed and award winning Penrose Check-In Services, which used its proprietary app to check in on seniors on behalf of family members. For nearly a decade, Ms. Harper led RTM&J, a management and marketing consultancy she founded. She also established the first and only tech-based nationwide neighbor-to-neighbor rental item community, Whimiy.com (What Is Mine Is Yours). Ms. Harper co-founded Leadership Worth Following, a premier leadership identification and coaching firm in Dallas, Texas, and served on its Board of Directors for eight years.
*Adjunct MBA Professor and Author
With a BS in Education/Math Resource from Illinois State University and an MBA from Emory University's Goizueta Business School, Ms. Harper has taught high school math and undergraduate and MBA marketing and research at American University in Washington DC and Fairleigh Dickinson University in Madison New Jersey. She was a frequent and regular guest lecturer at the College of William and Mary in historic Williamsburg, Virginia, and at Emory University in Atlanta, GA. For nearly 10 years, Ms. Harper was an MBA Case Competition judge for Emory Goizueta Business School's annual program.
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)
Available upon request.
MBA, Marketing & Management, Emory University Goizueta Business School
BS, Education / Math Resource, Illinois State University
Articles Published by Harper Litigation Consulting and Research
Forward and Reverse Likelihood of Confusion - What's The Difference?
The courts recognize two types of confusion in trademark or trade dress cases: Forward Confusion and Reverse Confusion.Read Article
What Is Secondary Meaning? Can a Survey Help?
The concept of secondary meaning is straightforward in intellectual property matters. A secondary meaning survey typically seeks to assess whether a “significant” or “substantial part” of the customer class associates a trademark or trade dress with a single source.Read Article
What Does the Manual for Complex Litigation Say About Sampling/Opinion Surveys?
§11.493 Sampling/Opinion Surveys Statistical methods can often estimate, to specified levels of accuracy, the characteristics of a “population” or “universe” of events, transactions, attitudes, or opinions by observing those characteristics in a relatively small segment, or sample, of the population.Read Article
Intellectual Property Survey? Make Sure You Know the Rules.
The following factors courts often consider when determining the admissibility of a Lanham Act survey, to guide its surveys and reports. Specifically, whether the:Read Article
Hiring a Survey Expert Witness? Five Things You Need to Know.
Not all survey expert witnesses are equal. Below are five key questions to ask before signing the letter of agreement. A valid and reliable survey can make all the difference to your case.Read Article
How to Best Leverage Your Expert Witness
Experts can help throughout your entire case. Your expert witness can help in many ways, provided they have the right expertise and experience. Experts may be counted on by attorneys throughout the case process: Trial Strategy, Discovery, Depositions, Pre-Trial Preparation, and Trial.Read Article
Likelihood of Trademark Confusion Factors by Federal Circuit
Each of the 13 federal courts of appeal have their own test for evaluating whether a likelihood of confusion exists between two trademarks. Although the tests are not identical, most of them are substantially similar and use many of the same factors. And the factors are non-exclusive.Read Article
Is a Trademark Infringement Survey Really Necessary?
Is a Trademark Infringement Survey Really Necessary? Yes, according to the John Marshall Review of Intellectual Property Law. "Courts have continually utilized surveys to show evidence of secondary meaning, generieness, dilution, and functionality in trademark litigation." - The John Marshall Review of Intellectual Property Law, Robert Thornberg.Read Article