Trademark Surveys in the Age of Daubert


The book 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.

If you are conducting trademark surveys, then you need this publication and the strategies for dealing with actions in the post-Daubert world.

The book is intended for intellectual property lawyers, law firms, law schools and law libraries.  It also has value for non-intellectual property attorneys seeking to learn more about developing or opposing Daubert motions (Daubert refers to a series of federal decisions that establish standards for the admissibility of expert testimony. Moreover, Daubert establishes the role of the judge as gatekeeper to expert reports and testimony.).

A professional journalist in addition to a marketing expert, Berger uses a reporter’s style in the new “Daubert” book.  “There is a tremendous amount of information about “Daubert” but focus is needed to understand this wide-ranging subject,” said Berger.  “My goal was to take this extensive knowledge and convert it into valuable knowledge that they lawyer can use with his/her clients and in the courtroom.”

James T. Berger is a well-established marketing consultant and survey expert who concentrates on trademark infringement matters.  A non-lawyer, Berger’s field of expertise is marketing and surveys.  He has testified in more than 80 cases in deposition and court testimony. He has also been an adjunct college professor at Northwestern University, University of Illinois-Chicago, DePaul University, and Loyola University.  He presently is teaching at Chicago’s Roosevelt University. Berger combines the real-world, practical orientation of a professional business person with the theoretical knowledge of the academician.

Floyd A. Mandell, national co-chair of Katten Muchin Rosenman, was given an advance copy of the book. “This is a very impressive work and I am certain it will be useful to any I.P. litigator as a reference,” he writes.  “It actually came in handy in connection with a matter one of my partners is looking at.”

The book is published by LexisNexis® Matthew Bender®.

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