Expertise You Need + Experience You Want

Services

Trademark infringement

Consumer opinions, behavior, and potential confusion are key issues in Lanham Act litigation and TTAB proceedings. Rhonda Harper's services includes developing surveys and analyzing these issues in relation to trademark or trade dress infringement, secondary meaning, and genericness.

Deceptive Advertising

Deceptive advertising surveys provide an analysis of whether, and to what degree, consumers have been mislead and also whether it materially influenced consumer purchase decisions. Rhonda Harper creates quantfiable survey services that provide a measure of consumer perceptions.

Business & Marketing

With Rhonda Harper's 30+ years of Fortune 500 experience, she is skilled at providing services including reports involving marketing, branding, distribution, strategy, licensing, digital media, social media, in-store merchandising, and more.

Surveys

Harper’s services include state-of-the art survey designs that are probative of the relevant issues in each case. She targets specific populations with appropriate universe selection and sampling frames, and features cutting-edge rotation and randomization of hundreds of question types with customizable complex skip and display logic when appropriate.

Rebuttal REports

Rhonda Harper formulates expert rebuttal critiques or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys. Harper also provides guidance services on how to approach the opposing expert’s deposition.

Consumer Privacy

From PII and CPPA to CDPs and more, Rhonda Harper helps match today's Mar/Tech world to your privacy case strategy. Working class action contract breakage cases, she has helped both Plaintiffs and Defendants from North Carolina to California.

full service litigation survey support

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.

Survey Process
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Estimated Fees and Timeline by Project Type

Surveys

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, Rhonda Harper likes 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. Rhonda 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.

General Information

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.

Harper travels business class with travel costs paid upon receipt.