Likelihood of confusion exists when a trademark or trade dress causes relevant consumers to be confused as to the source or affiliation of that product or service. Confusion can take place before the sale, at the point-of-sale, or after the sale.
The courts recognize two types of confusion in trademark or trade dress:
A likelihood of confusion survey assesses whether a “reasonably prudent” consumer would be confused by the use of similar marks on competing products. If a substantial number of respondents believe that the two marks are related or affiliated in some way, then there is strong evidence of potential confusion.
Retained by more than 115 law firms, Ms. Rhonda Harper is courtroom proven in virtually every circuit along with JAMS and TTAB. Ms. Harper's 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, 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.