One of the most vexing issues facing property attorneys is establishing a value after a trademark has been infringed or diluted or sold, when an organization wishes to arrange a licensing fee. Yes,...
Expert Witness
Intellectual Property Expert Witness
IP and market analysis for attorneys
If you’re an attorney faced with trademark infringement issues…or a need to assess patent infringement damages…or addressing a deceptive advertising allegation, Gelb has been there (among other places).
The firm’s two expert witnesses, Gabriel Gelb and Betsy D. Gelb, Ph.D., have assisted attorneys in 30 states on both the plaintiff and defendant sides. Their article on Internet surveys in The Trademark Reporter was favorably quoted in McCarthy on Trademarks and Unfair Competition.
Gabe Gelb’s track record extends over a 20-year period, highlighted by acting as a witness in the precedent-setting trade dress case, Two Pesos v. Taco Cabana case that ultimately reached the U. S. Supreme Court.
Betsy Gelb, Ph.D., a marketing professor at the C. T. Bauer College of Business, University of Houston, has an extensive background in healthcare and advertising cases. She founded the University’s Institute for Healthcare Marketing.
Endeavor Management has a team conducting research-based consulting nationally and internationally which supports our expert witnesses with well-executed marketing research.
Our survey research supports litigation in the following areas:
- Trademark Infringement
- Trade Dress Infringement
- Copyright Infringement
- Secondary Meaning
- Genericness
- Patent Infringement Damages
- Dilution and Tarnishment
- Slander and Libel
- Anti-trust Litigation
- Basis for Damage Claims
- Right of Publicity
- Deceptive Advertising
Popular Expert Witness Resources
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Gelb Consulting Group: Part of the DNA of Endeavor Management
In the 1960’s, as Houston began its march toward national prominence, Gabe Gelb established Gelb Marketing Research, later renamed Gelb Consulting Group. In this booming era, decisions were made by knowledgeable wildcatters and real estate...
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Caution: A Trademark Can't Be Valued as a Brand
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Ask Away – The Right Way
As use of surveys in intellectual property and business torts litigation increases, a heavy burden is placed on lawyers to conduct surveys tailored to support their clients’ positions. In this...
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Working Together - Marketing Law
A marketing vice president, by no means atypical, finishes his "rounds" at an industry trade show and shakes his head. "We’re the leader in our category," he says. "So when I go from booth to...
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Online Options Change Biz Little - And a Lot
Online – a.k.a. Web – or Internet-based – surveys have become the dominant mode of quantitative market research in such a short period of time that the ramifications on the industry are only...
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When Appearances Are Deceiving
Imitations may be a form of flattery, but when it involves the look and feel of a product or package – a concept known as trade dress – the repercussions can be serious. The problem is that...
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2016 Update - The Role of Surveys in Assessing Damages in Patent Infringement Cases
Federal courts are moving toward assessing damages in patent infringement cases with the (newer) key criterion of consumer demand generated by the patents at issue rather than the traditional Entire Market Value Rule (EMVR). This emerging trend...
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Protect Your Product’s Look and Feel from Imitators
Too many U.S. companies believe that being first to market with a design feature, whether it’s registered as a trademark or not, is the best way to ensure that your brand is associated with it....
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Litigation Surveys Have Special Rules
If your company is naming a new product line, it probably would not be wise to use the "X" letter, as in XFL, X-Men and such X-marked products as Microsoft’s Windows XP system and Nissan’s...
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Patent Litigation - The Unsettled Story
No one method has come out ahead in Patent Litigation of needing consumer surveys to moderate the entire market value rule, say Gabriel Gelb and Betsy Gelb of Endeavor Management.
Team Members
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Betsy Gelb PhD
Expert Witness, Senior Advisor