Know the rules of properly designed intellectual property infringement studies

Ms. Rhonda Harper, MBA, is a trusted source of survey design, execution, data analysis, and expert testimony for use in disputes involving alleged trademark or trade-dress infringement. She has extrordinary expertise and experience in conducting consumer surveys for litigation and has a strong understanding of the legal standards for survey research in both Lanham Act litigation as well as TTAB proceedings.  

Ms. Harper is rigorous in designing and analyzing consumer surveys for trademark infringement, from the identification of the survey population (i.e., Universe) and development of control stimuli to the design of question format and the selection of the proper statistical analysis. She focuses on developing questions that are not leading or biased, selecting control stimuli that properly isolate the allegedly infringing elements at issue, and ensuring that the questionnaire closely approximates marketplace conditions of purchase or post-purchase situations.  For two decades, she has provided consumer surveys for trademark infringement cases involving consumer confusion, secondary meaning, and genericness.

Ms. Harper uses only the most advanced online survey platform methods: representative panels, a variety of question types and formats, real-time results, advanced rotation and randomization, quota building, skip and display logic, audio/video/image capabilities, and advanced screening and analytics capabilities. She provides the following services:

• State-of-the-art survey design, implementation, and presentation  
• Expert analysis and report preparation  
• Expert witness testimony on consumer survey, marketing and economic issues  
• Critique and rebuttal of reports from opposing experts
• Guidance on the questioning of opposing experts at deposition or trial