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Trademark Infringement

Trademark infringement, including the misappropriation of trade names, logos, trade dress, and other related assets, can have a significant impact on a brand. Our qualified trademark infringement valuation experts apply accepted valuation methodologies to quantify the actual and punitive damages related to an instance of infringement.

Trademark Infringement Analysis Techniques and Advanced Confusion

Although IP litigation has evolved significantly during the past two decades, many of the same techniques and consumer surveys are being offered to courts to support claims of confusion, and to establish liability in infringement cases. As sophisticated IP expert witnesses dealing extensively with trademarks and other intellectual property, it surprises us that such a shop-worn, traditional approach is still used as the primary method. Confusion surveys are expensive and can be easily attacked on many grounds, including bias in the phrasing of questions. Despite the rising volume of IP litigation and sophistication of the attorneys involved, too many so-called confusion and infringement business experts have not increased their sophistication at a concomitant pace.

Our firm recognizes the stagnation in supporting these key litigation issues, so we began to develop new ideas and new approaches to the issues of confusion and damages. Today, we support our clients with a more cost effective and defensible analysis of the likelihood of confusion between trademarks in a commercial context. Our trademark damages experts have refined this technique over the past fifteen years, while working with leading law firms, both domestically and abroad. Today, that technique, called the Confusion Measurement Analysis, has been accepted by courts and has proven to be vastly more effective than a standard confusion survey.

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