Trademark Surveys: A Litigator's Guide

Trademark Surveys: A Litigator's Guide

by James T. Berger, Mark R. Halligan

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Product Details

ISBN-13: 9781522167570
Publisher: LexisNexis
Publication date: 12/28/2018
Sold by: Barnes & Noble
Format: NOOK Book
File size: 846 KB

About the Author

James T. Berger is the founder of Market Strategies, a Chicago consulting firm that specializes in market surveys. He has testified or served as an expert witness in more than a dozen trials and has been deposed nearly 50 times. He has written more than a dozen articles on the subject of trademark surveys. He combines the real-world, practical orientation of a professional business person with the theoretical knowledge of the academician. Berger's firm, James T. Berger/Market Strategies, is a full-service marketing company that develops and implements marketing programs for clients. At the same time, Berger is a faculty member at DePaul University College of Commerce and the Walter E. Heller College of Business Administration at Roosevelt University where he teaches courses in Marketing Management, Strategic Marketing, Selling and Sales Management, Consumer Buyer Behavior and Retail Merchandising & Control.

R. Mark Halligan is a partner at Nixon Peabody, where he has developed an extensive practice as an intellectual property litigator in both federal and state courts in all aspects of intellectual property law. In addition to writing many articles over his 30-year career, Mr. Halligan is a frequent lecturer on intellectual property issues and serves on the adjunct faculty of John Marshall Law School in Chicago.

Table of Contents

CHAPTER 1 The Impact of Surveys on IP Litigation
CHAPTER 2 Market Research Considerations
CHAPTER 3 Types of Surveys and Protocols
CHAPTER 4 IP Issues Where Surveys Can be Critical
CHAPTER 5 Likelihood of Confusion Issues
CHAPTER 6 Secondary Meaning Issues
CHAPTER 7 Distinctiveness and Strength of Mark
CHAPTER 8 Issues Involving Generic Marks
CHAPTER 9 Trade Dress Issues
CHAPTER 10 Dilution Issues
CHAPTER 11 Implications of Daubert Rulings on Trademark Surveys
CHAPTER 12 Practical Considerations When Using Survey Experts
APPENDIX A Teflon Survey
APPENDIX B Internet Eveready Survey
APPENDIX C Squirt with Product Array Mall Intercept Questionnaire
APPENDIX D Mall Intercept Survey Screening Questionnaire
APPENDIX E Mall Intercept Survey Interviewer Instructions
APPENDIX F Internet Survey
APPENDIX G Restaurant Mall Intercept Questionnaire

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