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10 Common Myths About Trademark Surveys

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 Litigatorís 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

Surveys to prove or disprove trademark infringement or likelihood of confusion have been used by attorneys for many years. Unfortunately, many attorneys who should be using surveys shy away from them because they donít understand the process and are delude...

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