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Risks and Rewards for Using IP Experts in the Age of Daubert

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 FisherBroyles. The second edition of the book, which is now being marketed by LexisNexis, is due to come out this spring: http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?pageName=relatedProducts&prodId=prod-us-oxf-04647-Softbound. 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 jberger@jamesberger.net and his Web site is www.jamesberger.net.

EDITOR’S NOTE: In June, 2013, the “Daubert” standard ce...

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