Harper Litigation Consulting and Research : 214-244-4608

We know the rules of properly designed intellectual property infringement studies

Beginning her career in consumer package goods, intellectual property survey expert Ms. Harper is a data-driven marketer who has conducted or overseen thousands of research studies. Ms. Harper led the research departments for both Sam's Club and VF Corporation/Vanity Fair Intimates, 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 with clients including IBM, Tyson Foods, The Home Depot, Arby's, and many more.

Ms. Harper is frequently 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.

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, a variety of question types and formats, real-time results, advanced rotation and randomization, quota building, skip and display logic, audio/video/image capabilities, and advanced screening and analytics capabilities.

For more than 15 years, Ms. Harper has provided consumer surveys for trademark infringement cases involving:

Established survey principles and methods for intellectual property infringement must be followed.

Ms. Harper follows the standards set by Dr. Shari Diamond, among others, to ensure the validity of her research studies. These include:

  • Appropriate universe selection and sampling frame
  • Rigorous and valid survey design that is probative of the relevant issues in a case
  • Inclusion of representative, qualified respondents
  • Use of procedures to minimize potential biases in data collection
  • Use of objective, non-leading questions
  • Use of procedures to reduce guessing among respondents, and
  • Full analysis and reporting of survey data
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