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Internet Surveys Come of Age

By James T. Berger

James T. Berger is principal of Northbrook(IL)-based James T .Berger/Market Strategies. He also does extensive consulting and expert witness work for intellectual property attorneys throughout the U.S. He focuses on likelihood of confusion, trade dress, secondary meaning, generic-ness and distinctiveness issues and both develops surveys and critiques adversarial surveys. He co-authored Trademark Surveys—A Litigator’s Guide (Oxford University Press) with Mark Halligan of Nixon Peabody. The book is now being marketed by LexisNexis:
He has also given continuing legal education seminars before bar associations in the Midwest and Texas. He is a faculty member at Roosevelt University and an often-published free-lance writer. He can be contacted at (847) 897-5599, by e-mail at and his Web site is

A few years ago, Internet surveys in Intellectual Property litigation were novelties - not anymore. In fact, the Internet survey has come of age and become mainstream as the prefer...

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