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"I very strongly recommend Ms. Harper from Harper Litigation Consulting And Research. She is great to work with and her work product is absolutely top-shelf." Partner, Greenberg & Traurig

Retained by hundreds of law firms

Harper Litigation Consulting and Research has been retained by hundreds of law firms. Ms. Rhonda Harper is a courtroom proven expert witness, having testified in virtually every Federal Circuit Court, along with State Courts, the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, and in arbitrations through both AAA and JAMS. She is a former Fortune 100 chief marketing officer and an adjunct marketing professor who has been retained by Plaintiffs (56%) and Defendants (44%). Ms. Harper has provided testimony for cases regarding intellectual property infringement, misleading advertising, licensing, breach of contract and performance, unfair competition, consumer privacy, and personal injury. Ms. Harper has conducted or rebutted more than 200 Lanham Act trademark, trade dress, and advertising surveys.

The Trademark Survey Expert

Recent Posts

Check out our posts to learn more about trademark surveys, the Lanham Act, misleading advertising, licensing, commercial reasonableness, and more.

How does the Trademark Trial and Appeal Board evaluate trademarks?

The Trademark Trial and Appeal Board (TTAB) is a neutral body that functions like a court for trademark matters at the United States Patent and Trademark Office (USPTO). TTAB’s trademark judges are authorized to determine…

Harper Litigation Consulting
Why does the United States Patent and Trademark Office refuse to register trademarks?

Sometimes the USPTO refuses to register trademarks based on it likelihood to cause confusion in the market. The United States Patent and Trademark Office (USPTO) may be required to refuse registration of a mark on…

Trademark Infringement Survey John Marshall Review of Intellectual Property Law
Is a Trademark Infringement Survey Really Necessary?

Consumer Surveys aren’t required, but can be helpful. “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,…

Harper Litigation Consumer Research
Confused about Consumer Confusion?

Assessing Consumer Confusion Can Be Confusing First, are consumers confused as to which is the senior user of the mark? Forward confusion occurs when consumers believe that the goods or services of a junior user…

Litigation Consulting
An Interview with Expert Witness Rhonda Harper

An Interview with Expert Witness Ms. Rhonda Harper Ms. Rhonda Harper shares how she became an Expert Witness and what it takes to be successful in this exclusive interview. Q How did you become an…

How to Survive Lanham Act Survey Submissions

Avoiding Survey Daubert Challenges Survey standards are set forth in Fed. R. Evid. 702 and Fed. R. Evid. 403. Rule 702 which codifies the Daubert requirement for admissibility of scientific evidence. Rule 403 allows a…

PTO Trademark Law
Need a Trademark Law Refresher?

Trademark Law Fundamentals What you need to know Table of Contents What is a trademark? What sources of law govern trademarks? What prerequisites must a mark satisfy in order to serve as a trademark? How…

Survey rebuttals
Survey Rebuttals – Expose Critical and Fatal Flaws

Survey rebuttals can save your case Your intellectual property infringement case is hanging on the validity of an expert survey. The expert is experienced and the report looks solid. But is it? Only a rebuttal…

Basic Trademark Facts
Get the Basic Facts About Trademarks – USPTO

Trademark Facts You Need to Know Directly from the USPTO USPTO “BASIC FACTS ABOUT TRADEMARKS” Booklet Now United States Patent and Trademark Office Download Now The United States Patent and Trademark Office (USPTO) is an…