Oxford University Press Trademark Surveys: A Litigator's Guide

In trademark litigation, surveys are an important component that can determine infringement or dilution of a trademark. They often entail complicated legal and procedural issues, and typically require the services of an outside expert and a survey support team. Trademark Surveys: A Litigator's Guide is a legal guide on developing and critiquing trademark surveys. In addition to describing the process and different types of surveys that may be employed, the authors provide strategic insight into how best to use these surveys to save time and money. The last chapter offers practical considerations when requesting the services of a survey expert, and the appendices provide a series of sample survey protocols. Review "James Berger and Mark Halligan have written a timely, intelligent, comprehensive, and, most importantly, a practical guide to using trademark surveys in intellectual property litigation. This book is an invaluable guide to how an IP litigator can best design and deploy surveys to support a case, or, on the flipside, how to defeat an opponent's survey evidence. Trademark Surveys: A Litigator's Guide is an integral part in any intellectual property attorney's litigation toolkit." --David S. Bloch, Partner, Winston & Strawn LLP "James Berger and Mark Halligan bring years of experience and insight to this valuable book. Trademark Surveys: A Litigator's Guide should be read by every attorney who needs to conduct survey research in the course of trademark, unfair competition, or trade dress litigation." --D. A. N. Chase, Chase Law Firm, L.C., Kansas City, Missouri "Berger and Halligan have performed a true service in their Trademark Surveys: A Litigator's Guide. The twists and turns of surveys in general, and more particularly, legal surveys, are rarely taught, but now they are explicated by a highly competent pair of guides. This book provides practical and invaluable advice to practicing attorneys." --Gabe Gelb, Gelb Consulting Group Inc. "This work presents an excellent overview of trademark law and practice, with a focus on using surveys for litigation and related projects. The authors analyze the leading cases and bring clarity to sophisticated and nuanced concepts, including evolving cyber-related issues, all in an easy-to-understand format. This well-organized guide fills a gap in the IP library and is a must-have for IP lawyers and litigators." --Mitchell Reinis, Copyright and Trademark Litigator, Silver & Freedman, Los Angeles "Trademark Surveys: A Litigator's Guide should be an essential addition to any IP litigation library. Its concise discussions of the related law and associated litigation> 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