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Author:   James T. Berger ,  R. Mark Halligan
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 15.70cm , Height: 2.60cm , Length: 23.30cm
Weight:   0.454kg
ISBN:  

9780199740635

ISBN 10:   0199740631
Pages:   280
Publication Date:   14 October 2011
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Unknown
Availability:   In Print  
Limited stock is available. It will be ordered for you and shipped pending supplier's limited stock.

Table of Contents

PREFACE ; 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 ; SAMPLE TRADEMARK SURVEYS ; INDEX

Reviews

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>

<br> 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. <br>--David S. Bloch, Partner, Winston & Strawn LLP <br><p><br> 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. <br>--D. A. N. Chase, Chase Law Firm, L.C., Kansas City, Missouri <br><p><br> 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. <br>--Gabe Gelb, Gelb Consulting Group Inc. <br><p><br> 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. <br>--Mitchell Reinis, Copyright and Trademark Litigator, Silver & Freedman, Los Angeles <br><p><br> 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 litigationf

<br> 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. <br>--David S. Bloch, Partner, Winston & Strawn LLP <br><p><br> 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. <br>--D. A. N. Chase, Chase Law Firm, L.C., Kansas City, Missouri <br><p><br> Berger and Halligan have performed a true service in their Trademark Surveys: A Litigator

<br> 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. <br>--David S. Bloch, Partner, Winston & Strawn LLP <br><p><br> 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. <br>--D. A. N. Chase, Chase Law Firm, L.C., Kansas City, Missouri <br><p><br> 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. <br>--Gabe Gelb, Gelb Consulting Group Inc. <br><p><br> 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. <br>--Mitchell Reinis, Copyright and Trademark Litigator, Silver & Freedman, Los Angeles <br><p><br> 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>

Author Information

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.

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