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What does the Manual for Complex Litigation say about Trademarks?

The Manual For Complex Litigation is the authority regarding trademarks Trademarks Trademark claims are governed by the Lanham Act.  A trademark is “any word, name, symbol or device” used to “identify and distinguish” goods. Trademarks…

Intellectual Property Survey – Make Sure You Know the Rules

Intellectual Property Surveys Make sure you know the rules The following factors courts often consider when determining the admissibility of a Lanham Act survey, to guide its surveys and reports. Specifically, whether the: population was…

Does Your Case Involve Commercial Reasonableness?

With 30+ years of Fortune 500 experience, we are experts at assessing commercial reasonableness Ms. Harper’s 30+ years as a Fortune 100 senior executive makes the difference in determining commercial reasonableness. If your case involves determining…

Brand Licensing
Licensing Expert Witness – Experience Makes All The Difference

Licensing Expert Witness Experience makes all the difference. With Fortune 500 experience as both a licensee and licensor, Ms. Harper knows a thing or two about licensing. This real world experience combined with years of…

Secondary Meaning – Get an Expert Survey

Secondary Meaning Get an Expert Survey. The concept of secondary meaning is straightforward in intellectual property matters. A secondary meaning survey typically seeks to assess whether a “significant” or “substantial part” of the customer class…

False Advertising Survey – Hire Experience and Expertise

False Advertising Survey Hire experience and expertise Fortune 100 advertising experience plus litigation expertise makes all the difference in False Advertising cases. Does your case involve false or misleading advertising? A survey can help establish…

Resources
Expert Witness Rebuttals, Surveys, and Reports

We have expertise you need plus the experience you want for rebuttals, surveys, and reports Without the help of the rebuttal expert, one side may be limited merely to saying “no, you’re wrong,” without being…

Experienced
Litigating a Trademark Case Based on a Genericness Claim?

Genericness claims require a clear understanding of brand and common terms Does your case involve an alleged generic trademark? A trademark is generic when it is used to identify a category as a whole rather than…

Harper Litigation Consulting and Research
Litigating a Trademark Case That Involves a Secondary Meaning Claim?

Trademark Cases that involve secondary meaning requires experts with expertise and experience What is Secondary Meaning? Descriptive marks are not ordinarily protectable as trademarks. If they have acquired a secondary meaning, however, they may be…

Standards
Trademark Surveys – General Standards of Admissibility

Trademark Surveys General Standards of Admissability Courts consider the following factors when determining the admissibility of a Lanham Act survey. Specifically, whether the: Relevant Universe Proper Sample Data Collection Analysis Control Procedures & Protocols Objectivity…