Intellectual Property Expert Witness Services

James T. Berger, Principal of Market Strategies, offers trial lawyers and their clients a unique capability in dealing with marketing-oriented intellectual property legal actions — especially in performing and critiquing trademark confusion surveys. He combines the real-world, practical orientation of a professional business person with the theoretical knowledge of the academician.

Attorneys seeking advice on trademark infringement surveys are invited to contact Mr. Berger for a no-obligation initial consultation.

Marketing Consulting

Mr. Berger offers integrated marketing communications services including research and strategic analysis; developing the marketing plan and budget, and hands-on implementation through advertising, public relations, direct mail, graphic design, etc. Business development and client retention services including strategic analysis, helping clients create a “marketing culture,” training, and on-going monitoring and assessment.

Writing Services

James T. Berger is also a freelance writer who has developed articles on a wide assortment of business-related topics. He has contributed to a variety of publications.

02401_2016_1_coverNew Book Focuses on ‘Trademark Surveys in the Age of Daubert’

The new book by James T. Berger is a compendium of knowledge about the Daubert and the other key court cases that establish judges as “gatekeepers” for trademark survey evidence as well as expert testimony. It includes nearly 20 important articles on the subject as well as multiple strategies for bringing and defeating Daubert actions.

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$54 Million Verdict

Jim Berger was survey expert for Black & Decker in its $54 Million court victory over Positec USA.

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Trademark Surveys 2015 Published

A second edition of Trademark Surveys – A Litigator’s Guide by James T. Berger and R. Mark Halligan was published in early 2015. The book is being marketed by Lexis-Nexis (Matthew Bender).

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Click here for a review of the book.