The test for likelihood of confusion, however, depends on jurisdiction. Some common factors include:
Not all Factors are evenly weighted. They are fact dependent and are subjectively determined on a case by case basis.
Retained by more than 125 law firms, Ms. Harper is courtroom proven in virtually every circuit along with JAMS and TTAB. Her 30 year career includes serving as a Fortune 100 chief marketing officer and an adjunct marketing professor. In addition to providing litigation consulting and research in the areas of business, licensing, marketing, advertising, in-store merchandising, and strategy, Ms. 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 the methodological pitfalls that can introduce bias or systematic error.