The Ninth Circuit uses the Eight Sleekcraft Factors when considering likelihood of confusion cases:
AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir.1979).
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 115 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 the methodological pitfalls that can 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.
A thorough review and response to an opposing expert’s survey work is a critical component of any 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.