Curriculum Vitae

James T. Berger

IP Litigation Services & Surveys: Trademarks/Brands/Marketing;

Marketing Consultant; Free-Lance Writer; University Instructor

1604 Chicago Avenue - Suite 4, Evanston, IL 60201

847-328-9633  Fax 847-328-9638

E-mail: berger@jamesberger.net   WEB: www.jamesberger.net

 

 

 

 

EDUCATION

 

 

MBA   University of Chicago, Graduate School of Business, concentrations in marketing and finance.

MS      Northwestern University, Medill School of Journalism, concentration in news/editorial sequence.

BA       University of Michigan, College of Literature, Science and the Arts, major in journalism.

 

PROFESSIONAL EXPERIENCE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EARLY EXPERIENCE

 

 

 

PROFESSIONAL MEDIA EXPERIENCE

 

 

 

 

 

 

 

 

 MARKET STRATEGIES, Chicago. Northbrook and Evanston, IL (1983 to present) Principal of this marketing services/consulting firm, which specializes in:- Strategic marketing planning including creating written market plan documents.          - Implementing marketing programs.     - Integrated marketing communications services including advertising, public relations,  sales promotion, direct mail.  - Project management including building and directing creative and production teams to  execute marketing plans and specific tasks.    

- Helping clients develop and maintain business relationships.

As a "hands-on" consultant, I help clients develop strategies and programs as well as assist in the implementation.  The firm concentrates on business-to-business marketing with specific focus on financial services, accounting and consulting services, commercial real estate, eldercare, office technology, manufacturing and distribution.  Concurrent with the management of Market Strategies, I became involved with::

 

THE INVESTOR RELATIONS COMPANY, Northbrook, IL (June 1998 to July 1999) As Senior Vice President, I was involved in the full array of Investor Relations activities including account management; working with the financial press including magazines, newsletter and wire services; direct contacts with analysts and brokers; and writing of financial news releases, quarterly and annual reports, profiles and fact sheets.

 

THE FINANCIAL RELATIONS BOARD, INC., Chicago, IL (April 1997 to June 1998) As an Account Manager for this large, national investor relations firm, I:

             - Coordinated account service, market intelligence and media activities.

             - Created investment profiles and fact sheets; developed and wrote annual reports,

               quarterly earnings releases and other news releases. 

 

STERN WALTERS/EARLE LUDGIN, Inc., Chicago, IL (1980-83) Vice President -- Account Supervisor:

            - Account manager for Associates Commercial Corporation account, a commercial

              finance company with advertising billings in excess of $7 million.

            - Account manager for Sears, Roebuck & Co. Contract Sales Group division.

            - Developed marketing strategies, planning and account management.

 

THE WITTLEDER COMPANY, Inc., Chicago, IL (1976-80) Vice President -- Account Supervisor:

            - Created and implemented marketing strategies and programs.

            - Clients involved in office products and services, data systems, micrographics,

              commercial real estate, automotive aftermarket and financial services.

 

BRAND ADVERTISING, Inc., Chicago, IL (1973-76) Vice President -- Director of Public Relations:

            - Responsible for firm's public relations profit center.

            - Programming, planning, client and media contact, writing and editing.

            - Active in new business development.

            - Clients involved in automotive aftermarket, industrial equipment, agriculture.

 

GOLIN/HARRIS COMMUNICATIONS, Inc., Chicago, IL (1971-73) Account Supervisor for this large public relations agency:

            - Worked on McDonald's restaurants, agency's major account.

            - Created national model awareness program for Chicagoland market.

            - Managed McDonald's involvement in public affairs, ecology, energy conservation,

              labor relations and the inner city.

            - Involved in financial relations and marketing-support activities.

 

Began career as copy, wire and make-up editor for CHICAGO DAILY NEWS.  Moved into corporate public relations as editor of an employee publication for ILLINOIS BELL TELEPHONE COMPANY in Chicago and Springfield, IL.  As a publicity specialist for MORTON INTERNATIONAL INC., I became involved in the consumer, industrial, institutional, automotive and agricultural markets. My first experience in agency public relations was with THE PUBLIC RELATIONS BOARD, INC., (now known as PORTER NOVELLI), first as an account executive and later as an account supervisor. 

 

 

- Copy Editor for Chicago Daily News, Chicago, IL

- Editor and General Assignment Reporter for The Patriot Ledger, Quincy, MA

- Correspondent for United Press International in Ann Arbor, MI

- Part-time general assignment reporter for Pioneer Press newspapers, Wilmette and Highland 

  Park, IL

- Free-lance columnist for Homelife section of Chicago Sun Times

 

ARTICLES PUBLISHED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Intellectual property litigation-related articles:

“10 Frequently Asked Questions about Intellectual Property Litigation Surveys”
published in the August 2003 issue of Intellectual Property Today.

 “Swimming in Shark-Infested Waters”
published in June 2004 issue of Intellectual Property Today.  

“Creativity Key to Executing Toughest IP Survey Projects”
published in July 2005 issue of Intellectual Property Today.

“What IP Attorneys Should Know About Expectations and Costs For Survey  Research”
published in April 2006 issue of Intellectual Property Today.

“10 Easy Ways to Blow Away a Survey”
published in the January 2007 issue of  Intellectual Property Today. 

 “The Power and Perils of the Internet Surveys”
published in August 2007 issue of   Intellectual Property Today.

“How to do an IP Survey without Giving Away the Store”
published in April 2008 issue of Intellectual Property Today.

Marketing communications-related articles published in:

            - Crain's Chicago Business, a weekly business publication

            - Services Marketing Today, published by the American Marketing Association

            - Talking To The Boss, a weekly business publication

            - University of Chicago Graduate School of Business alumni magazine

            - Your Business, a quarterly magazine published for GE Capital by Baumer Financial

              Publishing, Chicago

            - Independent Business, a monthly magazine published by Group IV Communications,

              Thousand Oaks, CA

Business-related articles in published in:

            - Active Times

            - Business Life

            - Office Dealer

            - Office System

            - Chicago Sun-Times

            - Dow Jones Business Employment Weekly

            - Texas Realtor

            - Multifamily Executive

            - Office and Industrial Properties

            - Real Estate Profiles

            - Kiwanis Magazine

            - The Rotarian   

            - Executive Decision                                                 

            - Home Business Journal

            - Business Sense

            - Real Estate Chicago

            - Area Development

            - Real Estate Chicago

            - Grid

            - Plants, Sites & Parks

            - Journal of Property Management

            - Commercial Investment Real Estate

            - Crain’s Chicago Business

            - Tax Credit Advisor   

 

TEACHING EXPERIENCE

 

NORTHWESTERN UNIVERSITY

Kellogg Graduate School of Management

            - Business Marketing -- A graduate level course focusing on industrial and business-to-

              business marketing principles and cases.

School of Continuing Studies

            - Principles of Marketing -- An introductory survey course that covers basic principles

              including market research.

            - Strategic Marketing:  Cases in Decision-Making -- A more advanced, case-method

              course.

            - Business-to-Business Marketing -- A course that explores the differences between

              consumer marketing and business marketing.

            - Introduction to Public Relations -- An introductory course that focuses on the various

              facets of public relations and publicity.

            - Integrated Marketing Communications -- A course that I created that focuses on the

              synergies of coordinating all the promotional blend elements.

ROOSEVELT UNIVERSITY Walter E. Heller College of Business Administration

Nominated for ADJUNCT FACULTY PERSON OF THE YEAR AWARD in 2005/06.

            - Marketing in Theory and Practice -- A graduate level course that covers basic principles

              of marketing and market research.

           - Selling and Sales Management -- An undergraduate course focusing on consultative selling and the management of the sale force.

            - Consumer Behavior -- An undergraduate course that explored the how’s and why’s of consumer purchasing.

            - Introduction to Advertising -- An undergraduate course focusing on advertising, sales promotion and integrated marketing communications.

            - International Marketing Analysis -- A graduate level course that probes how foreign companies market in the United States and how domestic companies market abroad.

UNIVERSITY OF ILLINOIS AT CHICAGO

            - Advertising and Sales Promotion -- An undergraduate course that introduces students to

              the basic principles of advertising.

            - New Product Management -- An undergraduate course focusing on the new product

              development and marketing process.

DE PAUL UNIVERSITY

College of Commerce -- Graduate Level

            - Marketing Strategy -- A case-oriented course focusing on decision-making.

            - Industrial Marketing -- A course utilizing cases and text that concentrates on industrial

              and business-to-business marketing.

College of Commerce -- Undergraduate Level

            - Principles of Marketing -- A basic, survey course that introduces all the College of

              Commerce students to marketing.

            - Marketing Management -- A second-tier course that uses cases to illustrate basic

              marketing principles.

            - Introduction to Advertising -- A course for marketing majors that introduces students to

              basic advertising.

            - Industrial Marketing -- A course for marketing majors focusing on industrial and

              business-to-business marketing.

            - Personal Selling -- A course for marketing majors that concentrates on consultative

              selling.

LAKE FOREST GRADUATE SCHOOL OF MANAGEMENT

            - Marketing Management -- An executive graduate-level course that uses cases and a

              major team project to introduce students to the principles of marketing and marketing

              management.

MINNESOTA STATE BAR ASSOCIATION

Continuing Legal Education

            - Faculty member for “The Effective Use of Survey Experts and Evidence in Trademark

              Cases.” Minneapolis State Bar Association, Minneapolis, MN, March 7, 2002.

MEMBER – INTERNATIONAL TRADEMARK ASSOCIATION

 

LITIGATION EXPERIENCE

 

I have testified in court in the following cases: (side who retained me in BOLD)

Euromarket Designs, Inc., dba Crate & Barrel Limited v. Miriam Peters and Point Blank Multimedia, testified in U.S. District Court, Chicago, August 3, 2000.

Heartland Corporation v. Don Siphers et al., testified at U.S. District Court, Topeka, KS, on  June 25, 2002.

St. Luke’s Eye Center v. James Sanderson et al, testified at trial at U.S. District Court in Tampa, FL, on June 7, 2007

I have been deposed in the following cases: (side who retained me in BOLD)

Allan J. DeMars, as Trustee for Weisser Eyecare, Inc., v. NBD Highland Park, October 12, 1996.

Black & Decker (U.S.) Inc., Black & Decker Inc., and The Black & Decker Corporation v. Pro-Tech Power Inc., P&F Brother Industrial Corporation and Nu-Way Machinery Corporation, February 5, 1998 And March 5, 1998.

Atlas Electric Devices Co. v. Q-Panel Lab Products Corporation, April 26, 2001.

Motor Werks Partners, L.P. v. BMW of North America, June 11, 2001.

Sparks & Crain v. AT&T and Lucent Technologies, February 18, 2002.

Native American Arts v. Earth Dweller, Ltd., and The Waldron Corporation, April 5, 2002.

Master Tech Products, Inc., v. Prism Enterprises, Inc., September 11, 2002.

Mansfield Plumbing Products L.L.C. v. Mariner Partners, Inc., et al., March 4, 2003.

Horizon Health Services, Inc. v. Allied National, Inc. et al, October 25, 2004.

S&M Nutec, L L.C. v. T.F.H. Publications, Inc., January 16, 2005.

Century 21 Real Estate v. Century Surety Co., March 1, 2005.

Midwest Canvas Corp. v. Nationwide Tarps, Inc., March 17, 2005.

Seed Lighting Design Co. LTD v. Home Depot, Trend Lighting, Corp and Hampton Bay Fan & Lighting Company, July 14, 2005.

True & Dorin Medical Group v. Leavitt Medical Associates, et al, September 10, 2005

Edina Realty v. TheMLSonline.com, Inc., Oct.. 7, 2005.

Kevin Trudeau et al v. George Lanoue et al, November 21, 2005

Dioptics v. PR Trading Company, Feb. 17, 2006.

Wenger Corporation v. The Stadium Chair Company, LLC, June 22, 2006

Cobra Capital v. LaSalle Bank Corporation et al, July 26, 2006

Illinois Tool Works v. Chester Brothers Machined Products, Inc. d/b/a Pneu-Fast, Aug. 15, 2006

Note Family, Inc. v. Vivendi Universal Games, Inc., October 4, 2006

St. Luke’s Eye Center v. James Sanderson et al, March 15, 2007

University of Kansas et al v. Larry Sinks et al,  May 29, 2007.

St. Luke’s Eye Center v. James Sanderson et al, testified at trial at U.S. District Court in Tampa, FL, on June 7, 2007

Just Enterprises, Inc. v. (888) Justice, Inc. on January 11, 2008.

Schneider Saddlery Co., Inc. v. Best Shot Products International LLC on February 6, 2008.

Scafiddi Motors v. General Motors Corporation on March 3, 2008.

Larin Corporation v. Alltrade, Inc. on March 26, 2008

Mini Melts, Inc. v. Adams Respiratory Operations, Inc. d/b/a Adams Respiratory Therapeutics  on March 13, 2008.

Dallas Cowboys Football Club and NFL Properties, LLC v. America’s Team Properties, Inc. on April 30, 2008

 

BILLING RATE (for Expert Witness Services)

 

 

A COMPILATION OF PUBLISHED ARTICLES Written by James T. Berger

 

 

 

 

$400 per hour ($450 for time spend in testimony)

 

To see the Compilation of Articles follow this link.