Trademark Survey Expertise According to the Manual For Complex Litigation

Expertise You Need + Experience You Want

Trademark and Trade Dress Infringement | Misleading and Deceptive Advertising | Licensing |
Consumer Privacy | Breach of Contract | Commercial Reasonableness | Merchandising

Rhonda Harper - Expert Witness

Rhonda Harper 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.

Located in Dallas, TX, Rhonda Harper is a former Fortune 100 C-Suite Executive in marketing, branding, consumer research, strategy, licensing, and advertising. Also a former Adjunct Marketing Professor, she has been retained by more than 95 law firms since 2005. Harper has a focus on Trademark and Trade Dress Infringement, Misleading and Deceptive Advertising, Licensing, and Commercial Reasonableness cases. She has conducted  50+ intellectual property Lanham Act surveys, produced 75+ reports, been deposed 50+ times, and served in 20+ trials and arbitrations.


Trademark Surveys

Harper Expert Witness uses The Manual for Complex Litigation, which sets factors that courts often consider when determining the admissibility of a Lanham Act survey, to guide its surveys and reports. Specifically, whether the:

  1. population was properly chosen and defined
  2. sample chosen was representative of that population
  3. data gathered were accurately reported
  4. data were analyzed in accordance with accepted statistical principles
  5. questions asked were clear and not leading
  6. survey was conducted by qualified persons following proper interview procedures
  7. process was conducted to ensure objectivity
Relevant Universe

At Harper Expert Witness, we know that if the right audience isn't surveyed the entire study can be disqualified. That's why we examine and measure the responses of purchasers and potential purchasers of the products or services at issue. We take great care to ensure that the universe neither excludes potential purchasers (under-inclusive) nor is overbroad (over-inclusive).


Most of the time it would be impossible, or infeasible, to test all prospective purchasers in the relevant universe. We employ sampling procedures that statistically project results to the entire universe. Courts demand that such procedures be in accord with accepted, unbiased statistical principles.

Collection Method

Harper Expert Witness relies on online studies for its surveys. Now common due to household penetration rates, large panels, and cost, we use the leading, premier online platform and sample company.


With 30 years of research experience, Harper Expert Witness knows how to accurately collect, analyze and report data in accordance with accepted statistical procedures. Among the many considerations, we deploy the right survey types, ensure not to use leading questions, and take great care to code and accurately represent the findings.


At Harper Expert Witness we understand that "noise" occurs within surveys. In most cases, courts require that a survey include a control in order to address possible noise among consumers. Using a control group or question, we can test directly the influence of the stimulus.