Gabe Gelb, Founder, Expert Witness and Senior Consultant
Contact: 281-759-3600, ext 1014
Gabe founded our firm in 1965 and since then has written or co-authored 40 books, monographs and peer-reviewed articles. He has been an expert witness in over 100 intellectual property (trademark and trade dress) cases in federal and state courts in 30 states.
In recent cases, he has applied survey techniques to cases involving damages relating to patent infringement, especially as they apply to the concept of “entire market value rule.” He will be a moderator on valuation issues involving brands and patents at the 2011 annual meeting of the International Trademark Association in May in San Francisco.
Gabe has been a leader in introducing the trade-off technique of conjoint analysis to this part of the U.S., starting in the late 1970s.
For his pioneering work in market research, he is a recipient of the Crystal Award for Lifetime Achievement by the Houston Chapter, American Marketing Association.
He has served as president of the Houston AMA chapter as well as president of the Houston chapter, Institute of Management Consultants, and has served on the national board of both organizations as well as that of the Business Marketing Association.
Gabe is accredited by the State Bar of Texas for 2 CLE hours for my course, “Uses and Misuses of Surveys in IP Litigation.” He is also a member of The International Trademark Association.
Education
M.A., University of Missouri School of Journalism
B.S., City University of New York
Offices Held
Current:
President, Research Roundtable of Houston
Treasurer, Harris County Drug Court Foundation
Member, Mayor’s Arts Marketing Committee
Past:
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 Director, 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
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, 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, 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.
Expert Witness in Past 4 Years (underlined parties are clients)
Alcatel-Lucent USA Inc. v. Amazon.com et al. In the U.S. District Court, Eastern Division of Texas, Tyler Division. Civil Action No. 6:09-cv-422 [LED]
Convolve, Inc. v. Dell et al. In the U.S. District Court, Eastern District of Texas, Marshall Division. Civil Action No. 2:08-cv-244
The Coca-Cola Company v. PepsiCo, Inc. In the U.S. District Court, Southern District of Texas, Houston Division. Civil Action No. 4:10-CV-04184
Personal Audio, LLC v. Apple Inc. et al. In the U. S. District Court, Eastern District of Texas. Case No. 9:09-CV-00111
National Western Life Insurance Company v. Western National Life Insurance Company et al. In the U.S. District Court, Western District of Texas, Austin Division. Case No. A09CA711 LY
Shell Trademark Management B.V. et al. v. Warren Unilube, Inc. et al. In the U.S. District Court, Southern District of Texas, Houston Division. Civil Action No. 4:09 CV-2851
Ryan, Inc. v. Weaver and Tidwell, LLP. In the U. S. District Court, Northern District of Texas, Dallas Division. Civil Action No. 3-10CV-929-M
BBU, Inc., Bimbo Bakeries USA, Inc., Arnold Products Inc. v. Sara Lee Corporation et. al. In the U. S. District Court, Southern District of California. Case No. 09-CV-1787-DMS (RBB)
Holley Performance Products, Inc. v. Quick Fuel Technology, Inc. and Marvin V. Benoit Jr. In the U.S. District Court, Western District of Kentucky, Bowling Green Division. Civil Action No. 1:07-CV-00185-M
Homax Products Inc. v. Homax Inc. In the U.S. District Court for the Southern District of Texas, Houston Division. Civil Action No. 4:08-cv-01560
LaShea, LLC v. Noble Home Fashions, LLC, Wal-Mart Stores Inc. et al. In the U.S. District Court for the Northern District of Alabama, Northeastern Division. Civil Action No. 5:08-CV-01162-SLB
Patricia Weiner and Stephen R. Berube, On Behalf of Themselves, All Others Similarly Situated and the General Public v. The Dannon Company, Inc. In the U. S. District Court, Central District of California, Western Division. No. CV-08-00415-SJO (AGRx)
The Modern Group LTD and Offshore Rental LTD v. Tiger Environmental and Rental Services L.L.C. and Karl Comeaux. In the U.S. District Court for the Western District of Louisiana, Lafayette Division. Case No. 6:07-CV-660
Dallas Cowboys Football Club Ltd. and NFL Properties LLC v. America’s Team Properties Inc. In U. S. District Court for the Northern District of Texas, Dallas Division, Civil Action No. 06-ev-01906
Stuart Spector Designs Ltd., et al. v. Fender Musical Instruments Corporation. In the U.S. Patent and Trademark Office Before the Trademark Trial and Appeal Board. Opposition No. 91161403
Mills Well Service LLC v. ProPetro Services Inc. In the U.S. District Court, Western Division of Texas, Midland/Odessa Division. Civil Action No. MO-07-CV-047
Putney Inc. v. Pfizer Inc. In the U. S. District Court, District of Maine. Civil Docket No. 2:07-cv-00108-DBH
Legacy Academy Inc. v. LLC Concepts, L.P. et. al. In the U.S. District Court for the Northern District of Texas, Dallas Division. Civil Action No. 3:06-CV-0745-P
Ecce Panis Inc. v. Maple Leaf Foods Inc. et al. In the U.S. District Court, District of Arizona. No. CV07-1099PHX-SRB
HomeLife Communities Group v. HomeLife Realty Services, Inc. et al. In the U.S. District Court for the Northern District of Georgia, Atlanta Division. Civil Action No. 1:06 -CV-1607
Powertrain Inc., Toolmart Inc., Wood Sales Co. Inc. v. American Honda Motor Co., Inc. In the U.S. District Court for the Northern District of Mississippi, Eastern Division. Civil Action No. 1:30CV668MD
American Equity Mortgage Inc., v. Ray Vinson Jr. In the U.S. District Court, Eastern District of Missouri, Eastern District. Case No. 4:05CV1529 RWS
Directed Electronics, Inc., v. Cobra Electronics Corporation. In The United States Patent and Trademark Office Trademark Trial and Appeal Board. Opposition No. 91162506
