Working Together

Gelb, Gabriel M.; Gelb, Betsy D.
January 2005
Marketing Management;Jan/Feb2005, Vol. 14 Issue 1, p47
This article focuses on the role of marketing managers in the success of their company's intellectual-property litigation. The first role, creating inherent distinctiveness, is best recognized before the launch of any consumer or industrial product or the opening of any first retail outlet since all of these attract imitators as they become successful. The more a design, name, logo, or package is unusual, the easier it is to protect. The second issue for marketing managers is awareness of how attorneys demonstrate confusion and how they can help. Regardless of their ability to demonstrate actual confusion, however, attorneys are likely to ask a litigation survey expert to conduct research demonstrating likelihood of confusion--or lack of such likelihood, depending on which side the company is on. That task differs significantly from commercial marketing research. Marketing managers need to understand the litigation survey process to provide help and recognize that litigation surveys cannot be judged by the standards applied to conventional marketing surveys.


Related Articles

  • Delaware Insider:. Brauerman, Stephen B // Business Law Today;Jul2013, Vol. 22 Issue 7, p1 

    The article presents the author's views on recent developments related to corporate and intellectual property litigation in the Delaware Supreme Court. The problem of multi-forum litigation is stated to have garnered lots of attention in many courts. The author states that one potential solution...

  • See you in court. Le Mesurier, Kristen // BRW;11/2/2006, Vol. 28 Issue 43, p61 

    The article points out that U.S. companies are using intellectual property as a weapon and often resort to litigation to test the ability of their competitors. U.S. companies have a bigger tendency to sue because the U.S. legal system, unlike in Australia, does not require the loser to pay the...

  • Legal brief: Top tips on intellectual property. Obhi, Harjinder // Computer Bulletin;Jul2002, Vol. 44 Issue 4, p34 

    The article presents tips for protecting intellectual property (IPR). Workforce can be educated about IPR. IPR litigation cost can be insured, if the business could not afford to defend or take action. IPR can be looked in every contract. Licensing, sale and use of IPR as security for raising...

  • cheat sheet.  // Expo Magazine;Feb2010, Vol. 22 Issue 2, p49 

    The article offers tips on how to avoid technology-related litigation in the U.S.. It mentions that in taking photos in an exhibit mall, one must keep distance as possible, has written permission to take photos, and that the registrants are aware that their images might be captured in print. It...

  • Eveready Learns to Pick Its Battles. Rubenstein, David // Corporate Legal Times;Apr2001, Vol. 11 Issue 113, p66 

    Focuses on a California case titled Eveready Battery Company Inc. v. DS-Max U.S.A. Inc., et al. Responsibility of Eveready Battery Co. Inc.'s intellectual property counsel, Donna Schmitt; Examination of all Eveready non-technical intellectual property litigation worldwide; Company's involvement...

  • Tuning In with Bob Donohoo, RadioShack's General Counsel. Newman, Zachary // In-House Litigator;Winter2012, Vol. 26 Issue 1, p11 

    An interview with RadioShack general counsel Bob Donohoo is presented. He cites his background as a corporate lawyer with litigation experience prior to making the move in-house. He talks about the structure of RadioShack's legal department which is divided into Intellectual Property,...

  • In-House IP Lawyers Tackle A Host Of New Challenges. Nicholas, Adele // Corporate Legal Times;May2005, Vol. 15 Issue 162, p18 

    Advises corporate intellectual-property lawyers in the United States on handling patent trolls, which are described as companies who operate a team of lawyers who write demand letters, file lawsuits and acquire settlement funds. Arguments against settling with patent trolls; Advantage of teaming...

  • Power Lawyers. Belloni, Matthew // Hollywood Reporter -- International Edition;7/25/2008, Vol. 405 Issue 42, Special section p1 

    The article introduces a section of articles on 100 most influential attorneys in the motion picture industry of the U.S. This section illustrates industry lawsuits related to the struggle to define intellectual property rights in a free-for-all digital age, ongoing labor strife, and the decline...

  • Weather the storm. Byrne, Matt // Lawyer;11/12/2012, p16 

    The article focuses on Chris Barlow, the head of corporate legal at the Japanese financial holding company Nomura. Topics include the flexibility required of in-house attorneys, the number of attorneys on his staff, and his expertise in contract litigation, intellectual property, and real estate...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics