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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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Ms. Harper, MBA, has been retained by hundreds of law firms. Her expertise and experience that makes her uniquely court qualified across many types of cases. As a former chief marketing officer for Fortune 500 companies, senior vice president general manager for a leading global communications agency, adjunct marketing professor, and serial entrepreneur, she has been retained in cases regarding intellectual property infringement, misleading advertising, licensing, breach of contract and performance, unfair competition, trade practices,

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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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