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District Circuits

Eleventh Circuit Likelihood of Confusion Factors

Eleventh Circuit Trademark Case?

Hire survey expertise and experience in the Eleventh Circuit

Each of the thirteen 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.

Eleventh Circuit Seven Factors

Alabama, Georgia, and Florida are in the Eleventh Circuit which uses the Seven Factors in considering Likelihood of Confusion cases:

  1. The strength of the plaintiff’s mark
  2. The similarity between the plaintiff’s mark and the allegedly infringing mark
  3. The similarity between the products and services offered by the plaintiff and defendant
  4. The similarity of the sales methods
  5. The similarity of advertising methods
  6. The defendant’s intent, e.g., does the defendant hope to gain competitive advantage by associating his product with the plaintiff’s established mark
  7. Actual confusion

In the Eleventh Circuit, trademark survey expert Ms. Harper been retained for more than 15 cases.

Ms. Harper has been retained for cases filed in the:Rhonda Harper

  • Middle District of Florida, Ocala Division
  • Southern District of Florida
  • Middle District of Florida, Tampa Division
  • Fourth Judicial Circuit, Duval County
  • Mississippi Northern District Court
  • Southern District of Alabama

Beginning her career in consumer package goods, Ms. Harper is a data-driven marketer who has conducted and/or overseen thousands of research studies. Ms. Harper's experience includes leading the research departments for both Sam's Club and VF Corporation VFI, both of which spent millions of dollars every year on custom research. In addition, for eight years Ms. Harper owned and led RTM&J, a boutique management, marketing, and research firm.

Ms. Harper has been retained by more than 140 law firms 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.

Consumer opinions, behavior, and potential confusion are key issues in Lanham Act litigation and TTAB proceedings. Ms. Harper develops surveys and analyze these issues in relation to trademark or trade dress infringement, dilution, secondary meaning, and genericness or descriptiveness. She uses only the most advanced online survey platform methods: representative panels, various question types and formats, real-time results, advanced rotation/randomization, quota building, skip and display logic, audio/video/image capabilities, and advanced screening and analytics capabilities.

Ms. Harper also provides rebuttal surveys and reports.

Thorough review and response to an opposing expert’s survey work is a critical component of a successful rebuttal strategy. Ms. Harper provides guidance on how to approach the opposing counsel’s evidence in order to make a strong, effective rebuttal, including crafting effective critiques or constructing rebuttal surveys.

Ms. Harper evaluates the quality and reliability of opposing counsel's survey evidence. She provides assessments of the degree to which surveys conform to generally-accepted principles of proper survey research. She have extensive experience and a deep understanding of survey design, sampling, question construction, data analysis, and methodological pitfalls that introduce bias or systematic error.

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