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 properly chosen and defined
sample chosen was representative of that population
data gathered were accurately reported
data were analyzed in accordance with accepted statistical principles
questions asked were clear and not leading
survey was conducted by qualified persons following proper interview procedures
process was conducted to ensure objectivity

Relevant Universe

Ms. Harper knows that if the right audience isn't surveyed the entire study can be disqualified. That's why she examines and measures the responses of purchasers and potential purchasers of the products or services at issue. She takes great care to ensure that the universe neither excludes potential purchasers (under-inclusive) nor is overbroad (over-inclusive).

Sample

Most of the time it would be impossible, or infeasible, to test all prospective purchasers in the relevant universe. We employ sampling procedures that statistically project results to the entire universe. Courts demand that such procedures be in accord with accepted, unbiased statistical principles.

Collection Method

Ms. Harper relies on online studies for its surveys. Now common due to household penetration rates, large panels, and cost, Harper Litigation Consulting and Research uses the leading, premier online platforms and sample companies.

Accuracy

With 30+ years of research experience, Ms. Harper knows how to accurately collect, analyze and report data in accordance with accepted statistical procedures. Among the many considerations, we deploy the right survey types, ensure not to use leading questions, and take great care to code and accurately represent the findings.

Controls

Ms. Harper understands that "noise" occurs within surveys. In most cases, courts require that a survey include a control in order to address possible noise among consumers. Using a control group or question, we can test directly the influence of the stimulus.

Ms. Rhonda Harper, MBA

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.