Trademark Infringement

Trademark Infringement Expert Witness
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Trademark Infringement

Trademark infringement is a violation of the exclusive rights attaching to a trademark.  This situation arises when the trademark is used by a third party without the authorization of the trademark owner. Infringement may occur when one party, the "infringer", uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services that are identical or similar to the products or services the registration covers. While claims under the Lanham Act may initially focus on securing injunctive relief, monetary relief may also be available in the form of:

  1. Disgorgement of Defendant's profits;
  2. Damages sustained by the plaintiff (lost profits or reasonable royalties);
  3. Loss in business or trademark value;
  4. Corrective advertising; and/or,
  5. The costs of the action.

IPmetrics can help you understand the cause and extent of any damages alleged or associated with trademark infringement, including claims related to false advertising, unfair competition and unjust enrichment, as well as trademark dilution, confusion and reverse confusion. Our experts have extensive experience in preparing expert reports in matters pertaining to:

  • Profit disgorgement
  • Reasonable royalties
  • Lost profits
  • Corrective advertising
  • Unjust enrichment
  • Price erosion
  • Loss in trademark value / goodwill

Our trademark infringement damages experts use real-world valuation and transaction experience as the foundation for sound economic damages analyses. We work with counsel throughout the litigation process, assisting in the preparation of initial discovery requests, drafting of declarations, participation in arbitration/mediation, calculation of economic damages, rebuttal of opposing expert reports, and preparing counsel for opposing expert depositions.

  • Download: Overview of Trademark Infringement Damages.  This document discusses some of the core elements associated with the assessment of economic damages in trademark infringement disputes.
  • Case Study: Economic Damages and Profit Apportionment.  This case study examines several key points of a trademark infringement damages expert report review and rebuttal, where the significance of a suitable apportionment of profits attributable to the infringed IP is highlighted.

Contact Information
12526 High Bluff Drive, Ste 300
San Diego, CA  92130
Tel. (858) 538-1533


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