By James T. BergerJames T. Berger, principal of Evanston (IL) – based James T. Berger/Market
Strategies, does extensive consulting and expert witness work for intellectual property attorneys
throughout the U.S. His areas of expertise are marketing communications and surveys. His survey work
focuses on infringement issues including likelihood of confusion, trade dress and secondary meaning.
He both develops IP surveys and critiques adversarial surveys. He is a faculty member at Roosevelt
University where he teaches a variety of courses in marketing and is an often-published freelance
business writer. He can be contacted at (847) 328-9633 or via e-mail at jberger@jamesberger.net. His Web site is www.jamesberger.net.
As one who is involved in trademark infringement litigation surveys, I have discovered the Internet
as a means of probing the marketplace to learn if consumers are confused about various products or
services.
Conventional Off-line Techniques
There are a number of ways to find this information. The most often used off-
line (non-Internet) ways are mall intercept surveys and telephone surveys. Both have
advantages and disadvantages.
Mall intercept surveys work best for consumer packaged goods and other branded
products. This method allows for highly comprehensive screenin...
