Trademark Survey Expert

Likelihood of Confusion Surveys, Secondary Meaning Surveys, Genericness Surveys

Rhonda Harper Expert WitnessMs. Harper has provided litigation consultation and expert witness services since 2005. On behalf of Plaintiffs and Defendants (60%/40% respectively), more than 100 law firms have engaged her to provide 65+ surveys, 80+ reports, 30+ rebuttals, 45+ depositions, and to testify in 20+ trials. She 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. She has extensive experience and a deep understanding of survey design, sampling, question construction, data analysis, and methodological pitfalls that introduce bias or systematic error.

Ms. Harper 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, and merchandising and product related Personal Injury. Headquartered in Dallas, TX, Ms. Harper has provided litigation consulting and research services in virtually every circuit as well as JAMS and TTAB.

Beginning her career in consumer package goods, trademark survey expert Ms. Harper is a data-driven marketer who has conducted and/or overseen thousands of research studies. As the chief marketing officer, Ms. Harper led the research departments for both Sam's Club and VF Corporation VFI - both of which spent millions of dollars every year on custom research. In addition, for eight year Ms. Harper owned and led RTM&J, a boutique management, marketing, and research firm with clients including IBM, Tyson Foods, The Home Depot, Arby's, and many more. She has conducted thousands of research studies over her 30-year career.

Trademark survey expert Ms. Harper follows established trademark survey principles and methods.

Trademark survey expert Ms. Harper uses only the most advanced online survey platform methods: representative panels, various question types and formats, real-time results, advanced rotation/randomization, quota building, skip and display logic, audio/video/image capabilities, and advanced screening and analytics capabilities.

Ms. Harper follows the standards set by Dr. Shari Diamond, among others, to ensure the validity of her research studies. These include:

  • Appropriate universe selection and sampling frame
  • Rigorous and valid survey design that is probative of the relevant issues in the case
  • Inclusion of representative, qualified respondents
  • Use of procedures to minimize potential biases in data collection
  • Use of objective, non-leading questions
  • Use of procedures to reduce guessing among respondents, and
  • Full analysis and reporting of survey data

Client Case Categories

Professional Memberships

Trademark Infringement | Trademark Survey Expert | Trade Dress Infringement | Misleading Advertising | Licensing | Defamation | Commercial Reasonableness | Likelihood of Confusion | Secondary Meaning | Genericness | IP Infringement | Consumer Surveys