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Gabriel M. Gelb MA

Gelb Consulting Group Founder, Expert Witness and Senior Advisor

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Gabriel M. Gelb is one of the most experienced survey experts in the field of intellectual property litigation. His survey research firm, Gelb Consulting Group Inc., was established in 1965. With a staff of 15, the firm conducts surveys for national and international clients.

He is the first recipient of the Crystal Award for Lifetime Achievement by the Houston chapter of the American Marketing Association, cited for his pioneering work in such methods as conjoint analysis, Internet surveys and experience mapping. He has written or co-authored over 40 books, monographs and papers on survey methods and related issues.

For the past 20 years, Gabe has turned his attention to surveys for litigation. His survey in Two Pesos v. Taco Cabana was cited with approval by the Fifth Circuit. This case established criteria for trade dress litigation by the U. S. Supreme Court. He is also the co-author of an article on Internet surveys in The Trademark Reporter (Sept.-Oct. 2007]. This article is cited as the source of online survey issues by J. Thomas McCarthy in McCarthy on Trademarks and Unfair Competition.

An associate member of the International Trademark Association, he moderated a panel at the INTA 2011 annual meeting on valuation of trademarks and brands.

Gelb has served as an expert or consulting witness in over 100 intellectual property (trademark and trade dress) cases in federal and state courts in 30 states, serving clients such as Apple, Amazon, Chipotle Mexican Grill, Dannon, Dell, Honda, McDonald’s, Microsoft, National Football League, Pebble Beach, PepsiCo, and the U. S. Olympic Committee.

He has served as president of the Houston AMA chapter, as president of the Houston chapter, Institute of Management Consultants, and as a national board member for both of those organizations and the Business Marketing Association. He is also a member of The International Trademark Association.

Gabe’s course, “Uses and Misuses of Surveys in IP Litigation,” is accredited by the State Bar of Texas.

Gabriel Gelb’s CV

EDUCATION

M.A., University of Missouri School of Journalism

B.S., City University of New York

Offices Held

  • President, Research Roundtable of Houston
  • Editorial Review Board, Journal of Marketing
  • Chair, Market Research and Analysis, United Way of Texas Gulf Coast
  • Vice President, Advertising Effectiveness Council, Business Marketing Association
  • Vice President, Friends of the Houston Public Library
  • Director, M.I.T. Enterprise Forum of Texas
  • National Board Member, American Marketing Association
  • President, Houston Chapter, A.M.A.
  • President, Houston Chapter, Institute of Management Consultants
  • Executive Committee and Chair, Marketing Committee, Houston Symphony Orchestra

Legal Presentations

  • 10th Annual Advanced Patent Litigation Texas Bar CLE Course, July 17, 2014 in San Antonio. Panel on “Using Experts to Address Objective Indicia of Nonobviousness and the Nexus Requirement.”
  • May 2011 Annual Meeting of International Trademark Association in San Francisco. Moderated panel on “Valuation Issues: Trademarks, Brands and EMVR.”

Accredited

By the State Bar of Texas for 2 CLE hours for my course, “Uses and Misuses of Surveys in IP Litigation.”

Attorney's Comments

“Thanks SO much for everything. To Betsy too. Really appreciate your willingness to turn all this around! It has been just a week since I phoned you…”

C.B., New York

Publications

Books and Monographs

  • Gelb, Gabriel M., Nuts and Bolts of Business-to-Business Marketing Research. (Chicago, Business Marketing Association, 1996).
  • Gelb, Gabriel M., Results of Advertising. (Alexandria, VA: Business Marketing Association, 1993).
  • Gelb, Betsy D., and Gabriel M. Gelb, Marketing is Everybody’s Business, Third edition. (Santa Monica, CA: Goodyear Publishing Company, 1980).
  • Gelb, Gabriel M. and Betsy D. Gelb, eds., Insights for Marketing Management, Revised edition. (Santa Monica, CA: Goodyear Publishing Company, 1977).
  • Gelb, Gabriel M. and Betsy D. Gelb, Research at the Top: Better Data for Organizational Policy-Making. (Chicago: American Marketing Association, 1975).

Business and Professional Articles

  • Gelb, Betsy D., and Gabriel M. Gelb, “Measuring How Much an Infringed Patent Affects Consumer Demand: Why and How,” IPPro Patents.com, Issue 4, (posted May, 2016).
  • Gelb, Betsy D., and Gabriel M. Gelb, “An Unlikely Marketing Lesson from Patent Lawyers,” posted within HBR (Harvard Business Review) Blog (posted November 25, 2014).
  • Gelb, Gabriel M., and Betsy D. Gelb, “The Unsettled Story: No one method has come out ahead in this new arena of needing consumer surveys to moderate the entire market value rule,” IPPro theInternet.com, Issue 14 (April 16, 2013).
  • Gelb, Gabriel M., “The New Role of Surveys in Patent Infringement Cases.” BullsEye Legal Blog, IMS Expert Services, (November 11, 2011).
  • Gelb, Gabriel M. and Betsy D. Gelb, “When Appearances are Deceiving” [Trade Dress], Wall Street Journal, (December 1-2, 2007).
  • Gelb, Gabriel M., “Net Research – Revolution or Evolution?” The Marketing News, (November 1, 2006).
  • Gabriel M. Gelb and John M. McKeever, “Walking a Mile in their Moccasins: Customer Experience Mapping,” Marketing Management, (July – August 2006).
  • Gelb, Gabriel M. and Gelb, Betsy D., “Working together – Both marketers and attorneys can help protect a company’s intellectual property,” Marketing Management, (January-February, 2005).
  • McKeever, John M. and Gelb, Gabriel M., “Going Online: The New Frontier in B2B Market Research,” The Business to Business Marketer, (January 2003).
  • Gelb, Gabriel M., “Houston’s Secret Weapon: Women in Technology,” Houston Business Journal, June 14-20, 2002.
  • Gelb, Gabriel M., “Litigation Surveys Have Special Rules,” The Marketing News, (September 24, 2001).
  • Gelb, Gabriel M., “Ask Away – The Right Way: Guidelines for Conducting IP Surveys for Litigation,” Texas Lawyer, (September 27, 1999).
  • Gelb, Gabriel M., “Research Leads to Better Measure of Customer Value,” The Marketing News, (June 8, 1998).
  • Gelb, Gabriel M., “Gambling with Value Can be Costly for Cities, Companies,” Houston Business Journal, (January 23, 1998).
  • Gelb, Gabriel M., “Customer-Value Analysis,” Business-to-Business Marketer, (May 1997).
  • Gelb, Gabriel M., “Conjoint Analysis Helps Explain the Bid Process,” The Marketing News, March 14, 1988, p-1; reprinted in Churchill, Gilbert A., Marketing Research: Methodological Foundations, Fifth edition (Chicago: The Dryden Press, 1993).
  • Gelb, Gabriel M., “Maintaining a Spirit of Innovation in Houston”, Houston Business Journal, (April 30, 1990).
  • Gelb, Gabriel M., “Strategic Market Planning for Accountants,” New Accountant, (March 1989).
  • Gelb, Gabriel M., and Friedheim, Stephen B., “Using Market Research to Analyze Members’ Needs,” Association Management, (April 1986).
  • Gelb, Gabriel M., “Key Pointers for Employee Surveys,” Houston Business Journal, (November 11, 1985).
  • Gelb, Gabriel M., “Conduct Multilevel & Open-Ended Interviews to Research “Ambiguous’ Products, Services,” The Marketing News, (Jan. 21, 1983).
  • Gelb, Gabriel M., “Research is Key to Curbing Public Anti-business Mood,” Advertising Age, (July 12, 1976).

Peer-Reviewed Journal Articles

  • Gelb, Gabriel M., Gelb, Betsy D. and Krieger, Paul E., “Working With Your Expert on Trademark Surveys,” Journal of Intellectual Property Law and Practice (February 2013).
  • Gelb, Betsy D., Stephanie A. Geiger-Oneto and Gabriel M. Gelb, “From Knowing to Doing: Experience and Flexibility Make the Difference,” Journal of Business Strategy (September-October, 2008).
  • Gelb, Gabriel M. and Betsy D. Gelb, “Internet Surveys for Trademark Litigation,” The Trademark Reporter, (September-October 2007).
  • Gelb, Betsy D., and Gabriel M. Gelb, “What Research Inside the Organization Can Accomplish,” Marketing Research: Management and Applications, (December 1991).
  • Gelb, Gabriel M. and Laurie M. Gelb, “Matching Motive to Method: The Best Research Tool for the Job,” Journal of Health Care Marketing, (March 1989).
  • Gelb, Betsy D., Samuel V. Smith and Gabriel M. Gelb, “What Marketers of Services Can Learn from the Professionals,” Business Horizons, (September-October 1988).
  • Gelb, Gabriel M., and Betsy D. Gelb, “Physicians and Hospital Decisions Making: A Two-Stage Technique for Improvement,” Hospital and Health Services Administration, (May 1987).
  • Gelb, Betsy D., and Gabriel M. Gelb, “New Coke’s Fizzle: Lessons to the Rest of Us,” Sloan Management Review, (Fall 1986).
  • Gelb, Gabriel M., “Arm Your Consulting Practice with Market Research,” Journal of Management Consulting, 1986, vol.3 no.1.
  • Gelb, Gabriel M., “The Uses and Misuses of Feedback,” Journal of Organizational Communication, 3rd Quarter 1976. Gelb, Betsy D., and Gabriel M. Gelb, “Strategies to Overcome ‘Phony Feedback’” MSU Business Topics, Autumn 1974.
  • Gelb, Gabriel M., “The Coming Market for Vacation Homes,” California Management Review, Spring 1970.
  • Gelb, Gabriel M., “Market Analysis in Planning More Productive Advertising.” University of Houston Business Review, Spring 1967.

Research Activities. Publications in Proceedings

  • Gelb, Gabriel M., “Market Research is Thriving in Cyberspace,” August 2001, Business Marketing Association, Houston.
  • Gelb, Gabriel M., and James Gambrell, “Trademark and Trade Dress Surveys and the Expert Witness,” in 1990 Proceedings, 6th Annual HIPLA Intellectual Property Law Institute.
  • Gelb, Gabriel M., and Betsy D., “Applications of Research Findings in Industrial Advertising,” in Peter LaPlace, ed., 1979 Proceedings, American Marketing Association.
  • Gelb, Gabriel M., and Betsy D., “When Advertising Research Goes Beyond Advertising,” in Betsy D. Gelb, 1978 Proceedings, American Marketing Association.
  • Gelb, Gabriel M., and Betsy D., “Big Payoffs from Low-Budget Research,” in William Locander, ed., 1976 Proceedings, American Marketing Association.

IP Expert Witness in Past Five Years: (underlined parties are clients)

  • The Board of Regents of the University of Houston System et al. v. Houston College of Law Inc. In the U.S. District Court, Southern District of Texas, Houston Division. Case No. 4:16-CV-01839
  • Farouk Systems Inc., v. Chi Nail Franchises, LLC et al. In the U. S. District Court for the Central District District of California. Case No. 2:13-CV07533-FMO-SH
  • Energy, Inc. v. Nest Labs Inc., Green Mountain Energy Company and Reliant Energy Retail Holdings, LLC. In the U. S. District Court for the Eastern District of Texas, Lufkin Division. Case No. 9:13-cv-00102
  • Painting with a Twist, LLC v. Twisted Paint, LLC. In the U.S. District Court for the District of Maryla Maryland, Northern Division, Case No. :1:15-cv-01368-ELH
  • Camowraps LLC v. Quantum Digital Ventures, LLC and Haas Outdoors, Inc In the U. S. District Court, Eastern District of Louisiana. Case No. 2:13-CV-06808.
  • Nonend Inventions N.V. v. Spotify USA Inc. et al. In the U.S. District Court for the District of Delaware. Case No. 12-1041-GMS
  • Droplets, Inc. v. Overstock.com, Inc., Sears Roebuck & Co., Sears Brands LLC, and Sears Holdings Corp., in the U.S. District Court for the Eastern District of Texas, Marshall Division, Civil Action 2:11-cv-401.
  • Karen Dillard’s College Prep, L.P. v. KD Studio Inc. in the U.S. District Court for the Eastern District of Texas, Tyler Division. Civil Action 6:13-CV-00710
  • The Explorers Club Inc. v. Diageo PLC, Diageo Brands B.V.et al. In the Supreme Court of the State of New York, County of New York. Index No.152524/2014
  • Premiere Hot Tubs Inc. v. A-Tex Family Fun Center Inc. In the U. S. District Court, Western District of Texas. Case No. 1:12-cv-00824-SS
  • TriStar Investors, Inc., v. American Tower Corporation et. al., counter-plaintiffs, American Tower LLC et. al., v. TriStar Investors, Inc. et. al. In the U.S. District Court, Northern District of Texas, Dallas Division. Civil Action No. 3:12-CV-499
  • Rembrandt Social Media, LP, v. Facebook, Inc. and AddThis, Inc. In the U.S., District Court, Eastern District of Virginia, Alexandria Division. Case No. 1:13cv15, 8(TSE/TRJ)
  • Schlumberger Technology v. Halliburton Energy Services, Inc., In the US Patent and Trademark Office Before the Trademark Trial and Appeal Board, In the matter of Application Serial Nos. 85/254,720, 85/399,932 et al.
  • In the Matter of Certain Reduced Folate Nutraceutical Ingredients Used Therein. Before the United States International Trade Commission. Washington, D. C. Investigation No. 337-TA-857
  • Frito-Lay North America, Inc., v. Medallion Foods, Inc., and Ralcorp Holdings, Inc. In the US District Court, Eastern District of Texas, Sherman Division, Case No. 4:12-CV-00074-ALM

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