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Trademark Surveys: A Litigator's Guide

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ISBN: 9781632818980
Published: July 02, 2013
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ISBN: 9781632818997
Published: July 02, 2013
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ISBN: 9781632818997
Published: July 02, 2013
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This 2015 update includes new information on pre-litigation trademark surveys, whether the expense of the survey is worth it, as well as notable recent cases.

Trademark Surveys: A Litigator's Guide authored by James T. Berger & R. Mark Halligan: 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.

Features

•   Explains how to develop and critique trademark surveys
•   Provides strategic insights into the best way to use the surveys to the benefit of a client's case
•   Provides practical considerations when requesting the services of a survey expert
•   Contains a series of helpful survey protocols in the appendices of the book

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 strategy will put everyone who reads it more than two steps ahead of an adversary who has not." -- Marvin Benn, Senior Patent Counsel, Much Shelist Denenberg Ament & Rubenstein, P.C.

"Lawyers know the right questions to ask in the courtroom, but researchers are adept in the art of asking questions in the marketplace. James Berger and Mark Halligan create a targeted roadmap for IP litigators to decide the 'why and how' of trademark surveys. This guide truly helps IP practitioners make the 'cash register ring' for IP disputes." -- Howard L. Gordon, Principal GRFI Ltd., Market Behavior Practice, Former Professor of Advertising, Northwestern University

"If you want to conduct trademark surveys - or defend against them - it's a must-read!" -- Stephen Jenei, Patent Baristas, www.patentbaristas.com

"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." -- The weblog of the Journal of Intellectual Property Law and Practice

"Trademark Surveys: A Litigator's Guide would be an excellent resource for those who desire in-depth introductory material along with helpful examples of surveys at their disposal." -- AALL Spectrum

Authors / Contributors

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