Video Game Marketing Precipitates Trademark Dispute


Intellectual Property Expert WitnessThis case involves a trademark dispute surrounding a popular franchise of geometric puzzle video games popular in Europe. The owner of the IP licensed the product to an American firm for distribution in the United States. The contract was not renewed due to economic disputes, but the American firm continued to sell games using the European IP in the USA by a Chinese company that made games that were very similar. In an effort to prove damages and costs, an expert in marketing and advertising was requested to opine on what a media plan would cost for the original owner of the IP to reclaim its proper brand positioning to generate sales.

Question(s) For Expert Witness

  • 1. What is your experience creating and managing large media plans for toys and games?
  • 2. Have you ever worked with a brand on a campaign after a counterfeited product was released against them? If so, please explain what that entailed.

Expert Witness Response E-108552

I have been engaged on several occasions in connection with intellectual property matters, including trademark and trade dress related issues. Very importantly, I am one of the few if not the only marketing expert who has had many years of senior marketing/managerial experience on the one hand, and, who has also had several years of academic/scholarly credentials as a tenured full professor in my current capacity as a Professor of Marketing at a major university in New York City. In terms of industry recognition, I served as Chairman of the Advertising Research Foundation and also served as a member of the Board of Directors of the American Marketing Association and a faculty member of the American Marketing Association’s Advanced School of Marketing Research, teaching the topic of brand equity research and trademark related issues. I also have commercial experience in the toy and game industry.

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