Consumer opinions, behavior, and potential confusion are key issues in Lanham Act litigation and TTAB proceedings. Ms. Harper develops surveys and analyzes these issues in relation to trademark or trade dress infringement, secondary meaning, and genericness. Harper Litigation Consulting and Research capabilities include state-of-the art survey designs that are probative of the relevant issues in each case. For a small add-on fee, Ms. Harper will also craft an expert Factor Analysis based on your Circuit's factors.
Ms. Harper has successfully rebutted expert opinions regarding intellectual property infringement surveys, licensing, and advertising. She formulates expert rebuttal critiques based on solid marketing principles and models, professional research standards, and her more than 30 years of Fortune 500 experience. Ms. Harper also provides guidance on how to approach the opposing experts' depositions.
Ms. Harper will design, program, and field pilot surveys to inform your case strategy. The objective of pilot surveys is to provide input on stimuli selection, universe selection, and format determination. The pilot surveys may be conducted with a limited or full size sample. Ms. Harper will provide top-line oral findings only; no report will be delivered or testimony provided.
Deceptive advertising surveys provide an analysis of whether and to what degree consumers have been misled and whether that materially influenced consumer purchase decisions. Ms. Harper designs, fields, and analyzes quantifiable surveys that provide a reliable measure of consumer perceptions.
Gain insights into how the jury may perceive your witnesses, case strategy, questions, and demonstratives. Dig deep into their potential attitudes, beliefs, and opinions in a live, interactive, online session. Then, refine your case strategy to improve your chances of litigation success.
Obtain feedback from jurors to better understand what worked and what did not work in your case. Jurors will be more comfortable and provide more honest and complete feedback to a third party. During individualin-depth interviews (IDIs), we will dig deep into why jurors came to their conclusions.