Harper Litigation Consulting and Research : 214-244-4608

Appeals Court Reverses Non-Compete Trade Area Case Based On Harper’s Testimony

Court of Appeals Reverses $21 Million Trial Outcome Based on Rhonda Harper’s Testimony Trade Area Non-Compete Was Unreasonable, Says Harper Ortega sued Abel for breach of a covenant not to compete, tortious interference with the covenant, and…

Six Levels of Consumer Confusion

Likelihood of Confusion Origin, Sponsorship, Approval, Association, Affiliation, and Connection The Lanham Act clearly spells out when a trademark has been infringed. Specifically, it says: Any person who, or in connection with any goods or…

Surviving Survey Submissions – 702 & 403

Avoiding Daubert Challenges   With more than 160 trademark and trade dress surveys completed, Rhonda Harper, Harper Litigation Consulting and Research, ensures she  meets the standards set forth in Fed. R. Evid. 702 and Fed….

Pilot Surveys Inform Your Case Strategy

Pilot Surveys Inform Your Case Strategy Pre-test your methodology, stimuli, and more Ms. Harper will design, program, and field pilot surveys to inform your case strategy. The objective of pilot surveys is to provide input on…

Confused about Consumer Confusion?

Consumer Confusion Can Be Confusing From initial confusion to post-purchase confusion – what’s the right course? Consumer Confusion can be, well, confusing. There are many different types of confusion that can support an allegation of…

Survey rebuttals
Survey Rebuttals – Expose Critical and Fatal Flaws

Expose Critical and Fatal Survey Flaws Survey rebuttals can save your case Your intellectual property infringement case is hanging on the validity of an expert survey. The expert is experienced and the report looks solid….

Trademark Infringement Survey John Marshall Review of Intellectual Property Law
Is a Trademark Infringement Survey Really Necessary?

Is a Survey Necessary? Yes, according to the John Marshall Review of Intellectual Property Law “Courts have continually utilized surveys to show evidence of secondary meaning, generieness, dilution, and functionality in trademark litigation.” – The…

Basic Facts
Get the Basic Facts About Trademarks – USPTO

Trademark Facts You Need to Know Directly from the USPTO The United States Patent and Trademark Office (USPTO) is a fee-funded agency of the U.S. Department of Commerce. The role of the USPTO is to…

Lanham Act
Does Your Case Involve the Lanham Act?

Engage the Lanham Act Survey Experts Download the Lanham Act Download the Lanham Act Click Here Lanham Act Sec. 10. Assignment [15 U.S.C. ß 1060] (a) A registered mark or a mark for which an…

District Circuits
Likelihood of Confusion Factors by Circuit

Each of the 13 federal courts of appeal have their own test for evaluating whether a likelihood of confusion exists between two trademarks. Although the tests are not identical, most of them are substantially similar and use many of the same factors. And the factors are non-exclusive.