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Licensing (General) Expert Witnesses

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Rhonda Harper, MBA
Owner
Serving Clients Nationwide
Dallas TX 75214
USA
phone: 800-805-4096
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"I very strongly recommend Rhonda. She’s great to work with, and her work product is absolutely top-shelf." Greenberg & Traurig, LLP

* FORTUNE 100 CMO * RESEARCH / SURVEYS * GLOBAL AGENCY LEADER * COURT TESTED * PROFESSOR*

CLIENTS INCLUDE: GREENBERG & TRAURIG, O'MELVANY & MYERS, KIRKLAND & ELLIS, SHACKELFORD MELTON AND MCKINLEY

Federal and state qualified survey and testimony expert with 13 years experience. Deposition and courtroom tested. More than 95 law firms and 200 projects: Lanham Act, Misleading Advertising, Licensing, Defamation, Commercial Reasonableness, and more.

The former Chief Marketing Officer for Walmart Sam's Club, Ms. Harper's experience also includes executive positions with UPS, Nabisco, Ketchum Public Relations, Johnson & Johnson, and VF Corporation. Harper provided C-suite consulting to Fortune 500 corporations including The Home Depot, Target, Tyson Foods, HSN, IBM, and more.

Harper also served as an adjunct Marketing Professor for American University and Fairleigh Dickinson University. She is a sought after speaker: Harvard Business School, Lilly, American Marketing Association, and more.

Services include: Surveys, Research, Consulting, Expert Report, Rebuttal Testimony, and Testimony.

"I worked with Rhonda Harper recently in connection with a trademark infringement matter. I am absolutely convinced that the strength of your report is a significant part of the reason that we were able to achieve a settlement that is very much in our client’s favor." Kevin O'Shea, Shareholder, Greenberg & Traurig, LLP

http://www.rhondaharperllc.com

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23017 Doris Way
Torrance CA 90505
United States
phone: 310-377-5171
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Mr. Sarabia has 30 years of experience in the following areas:

LICENSING: revenue projections, forecasts, standards, performance, breach, selection of licensees, damages;

INTELLECTUAL PROPERTY: analysis, due diligence, investigations;

COPYRIGHTS: substantial similarity, originality;

TRADEMARKS: secondary meaning, infringement, dilution, searches, investigations, due diligence, theft, trade dress, counterfeiting, rebuttal on damages;

APPAREL BUSINESS: contracts, manufacturing (local, abroad), import, export, sales, distribution, apparel copyrights, substantial similarity of apparel lines, theft and protection of designs, rebuttal on damages;

DESIGN PATENTS: defenses based on lack on originality, identify and analyze obviousness and prior art;

STANDARDS OF PRACTICE OF APPAREL BUSINESS LAWYERS, INTELLECTUAL PROPERTY LAWYERS AND LICENSING LAWYERS
Litigators often reach for doctrines such as res judicata or collateral estoppel to narrow the scope of a case. Res judicata prevents re-litigation of the same claim that was litigated in a prior case. Collateral estoppel prevents re-litigation of the same issue that was decided in a prior case.

EIGHT YEARS AGO Congress decided that the existing means for awarding damages for trademark infringement were not deterring this illegal practice and decided to supplement these measures with statutory damages-a specific range that a court could award even in the absence of proof of a plaintiff's losses or the defendant's profits.

In the last 10 years, the 9th U.S. Circuit Court of Appeals has decided two cases involving naked licensing: Barcamerica International v. Tyfield Importers (9th Cir. 2002) 289 F.3d 589, and Freecyclesunnyvale v. The Freecycle Network (9th Cir. 2010) 626 F.3d 509.

Eight years ago Congress decided that the existing measures of damages for trademark infringement were not deterring trademark infringement. It decided to supplement these measures with statutory damages - a specific range of damages which a court could award even in the absence of proof about plaintiff's losses or defendant's profits.