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Trademark and Trade Dress Surveys, Marketing, Licensing, Advertising - Expert Witness

Harper Litigation Consulting and Research

Serving Clients Nationwide
Dallas, Texas 75214

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"I very strongly recommend Rhonda. She's great to work with, and her work product is absolutely top-shelf." Greenberg & Traurig

Founded in 2005, Harper Litigation Consulting and Research has been engaged by hundreds of law firms. Ms. Rhonda Harper is a courtroom proven expert witness, having testified in virtually every circuit, along with JAMS, AAA, TTAB, and PTO. She has also provided expertise in many Class Action legal cases as well as for both the prosecution and defense in federal and state criminal trials for offenses ranging

Areas of Expertise

Articles Published by Harper Litigation Consulting and Research

Link Forward and Reverse Likelihood of Confusion

The courts recognize two types of confusion in trademark or trade dress cases: Forward Confusion and Reverse Confusion.

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Link 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.

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Link Manual for Complex Litigation - 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.

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Link IP Lanham Act Survey 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:

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Link Hiring a Survey Expert Witness?

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.

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Link 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.

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Link Likelihood of Trademark Confusion Factors

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.

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Link 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.

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