Ken Germain established his credentials as an expert in trademark and unfair competition law (TM/UC Law) many years ago, both in academic and practical arenas. Early on he was a full-time Law Professor, focusing his research/writing/lecturing on TM/UC Law; later on he has been an Adjunct Professor and a Distinguished Professorial Practitioner/ Fellow—all focusing in TM/UC Law.
On the practical side, Ken has been involved in many major litigated cases, including two that reached the U.S. Supreme Court: TrafFix 2001 (expert witness for the ultimate winner at the trial level); Moseley v. V-Secret, 2003 (undisclosed co-counsel for the 9-0 winner). These involvements, directly concerning product design trade dress and federal dilution, respectively, made Ken especially experienced in these two knotty legal topics. Through the years, he also has served as a legal expert consultant/witness on various other topics, including application/registration practice at the USPTO level, likelihood of confusion, and genericness (and other aspects of distinctiveness).
With regard to ADR, Ken received training in Mediation (provided through International Trademark Assn.) and Arbitration (provided by American Arbitration Assn.). His ADR method of choice is (Early) Neutral Evaluation, a technique akin to non-binding arbitration. (See “Getting A Grip . . .” lecture outline.)