Trademark Survey Expert

Expert witness Rhonda Harper has conducted hundreds of trademark and trade dress surveys. She is an expert in knowing the differences between surveys for the Trademark Trial and Appeal Board (TTAB) and those in Federal District Courts and State Courts. 

Attorneys and clients often find the need for a trademark survey expert when the nuances of consumer perception come into play. Sometimes, the core questions in a case—like whether potential buyers might confuse two brands—can’t be answered through intuition or generic evidence alone. In these situations, survey experts step in to provide data-driven insights.

Engaging a trademark survey expert is beneficial when:

• The likelihood of confusion between two marks is in dispute and requires empirical evidence;
• The court or the Trademark Trial and Appeal Board needs objective data to evaluate consumer beliefs or behaviors;
• Calculating damages hinges on understanding actual consumer attitudes or responses;
• There is a need to clarify complex market conditions or subtle questions about brand recognition, secondary meaning, or dilution; and
• You want validation for legal arguments with actionable, methodologically sound research.

Survey expert Rhonda Harper excels at translating challenging concepts into clear, structured studies that inform the court and bolster a case. Whether the goal is to support a claim, defend against infringement allegations, or illuminate the facts, their role is critical in ensuring the case is backed by robust, admissible evidence.

In high-stakes trademark litigation, reliable consumer-based survey research holds a crucial role. Judges, juries, and the TTAB often turn to well-constructed surveys to obtain direct evidence of actual consumer perceptions. When executed following established best practices, these surveys can offer:

• Objective, data-driven insights that help clarify whether confusion, secondary meaning, or dilution exists in the minds of consumers;
• Evidence grounded in real-world consumer behavior, rather than speculation or anecdote;
• Independent validation that bolsters an expert’s credibility and withstands cross-examination.

In other words, properly designed consumer surveys bridge the gap between legal theories and marketplace realities, often serving as key pieces of evidence in the eyes of the TTAB or the courts.

To ensure the highest standards of validity in confusion surveys, Rhonda Harper relies on a rigorous experimental design—specifically, a test versus control group method. This approach helps untangle whether observed confusion is genuinely linked to the trademarks at issue, or merely the result of unrelated factors.

To ensure the highest standards of validity in confusion surveys, Rhonda Harper relies on a rigorous experimental design—specifically, a test versus control group method. This approach helps untangle whether observed confusion is genuinely linked to the trademarks at issue or merely the result of unrelated factors. Here’s how it works:

• Test Group: Participants are shown the trademark or trade dress in question, embedded in a realistic marketplace scenario.
• Control Group: Another set of participants views a similar scenario, but with the potentially confusing elements removed or altered.
• Comparison: By measuring differences in responses between these groups, she isolates actual confusion stemming from the mark itself, rather than marketplace uncertainty or survey noise.

This methodology is widely accepted in both academic and legal communities, and underpins the surveys conducted by established by parties when defending their trademarks. By using this experimental framework, Rhonda Harper produces survey results that are not only reliable but also persuasive to the TTAB and courts.

Finally, Rhonda 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 a 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.