THE TRADEMARK SURVEY, MARKETING, AND STRATEGY EXPERT
"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
Ms. Rhonda Harper, MBA is one of the few experts who combines multiple credentials, having been the top marketing executive for a global Fortune 500 company and the general manager for a top-three global communications agency. She has also been an adjunct marketing professor and serial entrepreneur. In 2022 alone, Ms. Harper provided expert testimony that helped clients garner more than $65 million in awards and settlements. Since 2005, she has 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 has provided testimony for hundreds of cases regarding intellectual property infringement, misleading advertising, licensing, breach of contract and performance, unfair competition, trade practices, consumer privacy, commercial reasonableness, and personal injury. Ms. Harper is a leading intellectual property expert who conducted or rebutted more than 200 Lanham Act trademark, trade dress, and advertising surveys.
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Recent Posts
Check out our posts to learn more about trademark surveys, the Lanham Act, misleading advertising, licensing, commercial reasonableness, and more.
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…
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…
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,…
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…
What does it take to be an expert witness? 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…
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…
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 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…
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…