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Consumer Confusion: A well-executed survey can help brand owners and their counsel assess whether consumers are confused, and if so, to what extent. Harper is skilled at conducting many court-approved survey methods.
Secondary Meaning: Descriptive marks are not ordinarily protectable as trademarks unless they have acquired a secondary meaning. Harper has conducted many surveys to determine if a trademark has acquired secondary meaning.
Strength of Mark: Trademark law protects distinctive marks, and the levels of legal protection are directly linked to the strength of the mark. Harper can deliver a survey to measure the level of consumer recognition of a mark or brand.
Dilution: Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness. Consumer recognition of a famous mark can be measured directly by a survey conducted by Harper.
False Advertising: Harper has successfully used surveys for issues raised in the Lanham Act, such as false advertising or labeling, are well-suited to testing through consumer surveys by addressing the ways in which consumers interpret – and misinterpret – names, symbols, and other marks used by businesses in commerce.
Trade Dress: Trade dress, like a trademark, is protectable under the Lanham Act. Conducting a consumer survey can help you gather the evidence to prove whether the trade dress in question has established secondary meaning or is likely to cause confusion in the marketplace.
Estimated Fees and Timeline by Project Type
Not all surveys are the same. Depending on the complexity, fees can range from $15,000 to $60,0000. On average, Rhonda Harper's fees are $30,000. Once she has scoped the project, she will provide a fixed fee. She requires a 50% upfront nonrefundable payment for the survey's design, fielding, and oral top-line findings. Based on these findings, the client may or may not request a final, written report for the remaining fee.
Sample costs depend on the universe. Generally, sample costs are estimated at $6,000 but can be more if the consumers are 'a needle in a haystack' to find.
Ideally, Ms. Harper requires 4-6 weeks to complete a survey, including the report. If the timeline is less than four weeks, a survey may be completed for a rush fee.
Surveys Rebuttal Reports
Survey rebuttal reports generally begin at $15,000 and average $25,000. Ms. Harper requires a minimum of two weeks to complete the rebuttal report or rush charges may apply.
Non-Survey Expert Reports
Depending the topic and substance, expert reports generally begin at $25,000 and require 2-12 weeks to complete.
Ms. Rhonda Harper's expert witness fees are $600 per hour or $300 per hour for non-working travel time. Harper requires an upfront non-refundable retainer fee of $7,500 or 50% of estimated expert witness fees, whichever is higher. She invoices bi-weekly with 30 day terms. All invoices must be paid prior to the delivery of the final, signed report.
Deposition and trial fees are estimated and are due two weeks prior to event. If the event is canceled or changed for any reason, the fees are not refundable. Reconciliation of fees occurs within two weeks of the event.
Ms. Harper travels business class with travel costs paid upon receipt.