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The Descriptive/Suggestive Conundrum in Trademark Surveys

By James T. Berger

James T. Berger is a frequent contributor to Intellectual Property Today. He is the co-author of Trademark Surveys: A Litigatorís Guide along with R. Mark Halligan of the law firm of Nixon Peabody. The book has been published by Oxford University Press. He is a respected marketing communications and survey expert who has testified in court a number of times and has been deposed dozens of times. He has created more than 60 surveys and often is called upon to critique surveys done by other experts. His specialty is the non-conventional highly creative survey. He has taught college-level graduate and undergraduate marketing courses for more than 25 years at a variety of Chicago area colleges including Northwestern University, Loyola University, DePaul University, University of Illinois in Chicago and Roosevelt University. Berger is principal of Evanston (IL)-based James T. Berger/Market Strategies, a consulting firm. He can be reached at (847) 328-9633 and his e-mail address is His Website is and his LinkedIn site is Jim Berger.

In a trial in which I was involved on the side of the plaintiff, Fair Isaac Corporation et al v. Experian et al, which was decided on July 24, 2009, in the Unit...

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