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Weird Science: Consumer Survey Experts in the Courtroom

I was never much of a science student. I majored in English. I satisfied my science requirement by taking a course known as “Physics for Poets.” There was no exam, no complex equations to be solved; we wrote a paper. Mine was entitled “The Problem of Quark Confinement.” To this day, I have no understanding of what that phrase means.

Fortunately for me, my career as a litigator led me to the world of trademark litigation. In a trademark case—unlike medical malpractice, where a trial lawyer must become conversant with scientific terminology and surgical procedures—there is typically no “hard” science involved. Perhaps that is why trademark law is often referred to (derisively, usually by patent lawyers) as “soft IP.”

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