Consumer opinions, behavior, and potential confusion are key issues in Lanham Act litigation and TTAB proceedings. Rhonda Harper develops surveys and analyzes these issues in relation to trademark or trade dress infringement, secondary meaning, and genericness.
Deceptive advertising surveys provide an analysis of whether, and to what degree, consumers have been mislead and also whether it materially influenced consumer purchase decisions. Rhonda Harper creates quantfiable surveys that provide a measure of consumer perceptions.
Business & Marketing
With Rhonda Harper's 30+ years of Fortune 500 experience, she is skilled at providing reports involving marketing, branding, distribution, strategy, licensing, digital media, social media, in-store merchandising, and more.
Rhonda Harper formulates expert rebuttal critiques or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys. Harper also provides guidance on how to approach the opposing expert’s deposition.
Harper’s capabilities include state-of-the art survey designs that are probative of the relevant issues in each case. She targets specific populations with appropriate universe selection and sampling frames, and features cutting-edge rotation and randomization of hundreds of question types with customizable complex skip and display logic when appropriate.
Consumer Confusion: A well-executed survey can help brand owners and their counsel assess whether consumers are confused, and if so, to what extent. Harper is skilled at conducting many court-approved survey methods.
Secondary Meaning: Descriptive marks are not ordinarily protectable as trademarks unless they have acquired a secondary meaning. Harper has conducted many surveys to determine if a trademark has acquired secondary meaning.
Strength of Mark: Trademark law protects distinctive marks, and the levels of legal protection are directly linked to the strength of the mark. Harper can deliver a survey to measure the level of consumer recognition of a mark or brand.
Dilution: Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness. Consumer recognition of a famous mark can be measured directly by a survey conducted by Harper.
False Advertising: Harper has successfully used surveys for issues raised in the Lanham Act, such as false advertising or labeling, are well-suited to testing through consumer surveys by addressing the ways in which consumers interpret – and misinterpret – names, symbols, and other marks used by businesses in commerce.
Trade Dress: Trade dress, like a trademark, is protectable under the Lanham Act. Conducting a consumer survey can help you gather the evidence to prove whether the trade dress in question has established secondary meaning or is likely to cause confusion in the marketplace.