Video Game Marketing Precipitates Trademark Dispute

ByJoseph O'Neill

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Updated onNovember 28, 2017

Video Game Marketing Precipitates Trademark Dispute

This 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

inline imageI 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.

About the author

Joseph O'Neill

Joseph O'Neill

Joe has extensive experience in online journalism and technical writing across a range of legal topics, including personal injury, meidcal malpractice, mass torts, consumer litigation, commercial litigation, and more. Joe spent close to six years working at Expert Institute, finishing up his role here as Director of Marketing. He has considerable knowledge across an array of legal topics pertaining to expert witnesses. Currently, Joe servces as Owner and Demand Generation Consultant at LightSail Consulting.

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