AMS President Bob Klein Quoted in World Intellectual Property Review Article

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A recent article in the May/June 2009 issue of the World Intellectual Property Review quotes Bob Klein, President of Applied Marketing Science, on key elements of selecting a damages expert for intellectual property cases. Key attributes include the ability to simplify complex information and present it clearly to juries, and to properly execute and analyze a survey showing the degree of consumer confusion.

Are people confused by the use of similar trademarks? Has the trade dress for a product achieved secondary meaning so it could function as a trademark?

Bob Klein, President of Applied Marketing Science, was quoted extensively in the article "Ask An Expert," published in the May/June 2009 edition of the World Intellectual Property Review. Authored by Helen Yates, the article is subtitled "The testimony of an expert witness can make or break a case in intellectual property disputes."

In the article, Klein addresses the issues of consumer confusion, with an emphasis on questions such as "Are people confused by the use of similar trademarks? Has the trade dress for a product achieved secondary meaning so it could function as a trademark?" and "Has a trademark become a generic descriptor for a particular product category?" For example, asks Klein, is "Teflon" perceived as a brand name or a generic name for non-stick coating? In summarizing the value of a survey in a confusion case, Klein says, "A survey of 300 to 400 people, which is properly executed and analyzed, can help a judge or jury reach a completely different decision than if they just relied on their own observation." To view the article in its entirety, please visit http://www.ams-inc.com/pdf/ExpertTestimony.pdf.

Bob Klein is president and co-founder of Applied Marketing Science, a market research consulting firm based in Waltham, Massachusetts. He has served as an expert witness in over 30 cases involving marketing science and consumer behavior in cases related to trademark infringement, confusion, patent damages, class certification, trade secrets, sales forecasting and others. His articles and commentaries have appeared in the Harvard Business Review, Advertising Age, Marketing News, and Intellectual Property Today. Mr. Klein is also a member of the Proof of Confusion Subcommittee of the International Trademark Association's Enforcement Committee.

About Applied Marketing Science

Applied Marketing Science is an established consulting firm with two distinct businesses: helping product development teams understand their customers' wants and needs for input into new product and service development; and assisting attorneys with consumer behavior and marketing issues in litigation using surveys and other techniques.

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