Trademarks and Lanham Act

We have worked with counsel in the preparation of declarations for the Trademark Trial and Appeal Board as well as several litigation matters, including Lanham Act violations.

Our work has included analysis of the use of a trademark that is identical or confusingly similar to a trademark owned by another party, as well as deceptive trade practices.

Counsel has asked us to assess the likelihood of consumer confusion and, in some matters, reverse confusion.

In some of these matters we have served as the damages expert. In other matters, counsel has asked us to provide analyses that supports work by damages experts regarding revenue changes, price erosion, dilution, and reduced margins; goodwill; and reduced trademark value

Representative Engagements

  • We were retained by counsel for the defendant, one of the world’s largest social media companies, in a trademark dispute and allegations of consumer confusion. Our work included analysis of marketplace data and other information, as well as the preparation of a report.
  • We were retained by counsel for the defendant, a publicly-traded systems integration company, in a trademark dispute and allegations of reverse confusion. We analyzed marketplace data and other information and prepared a report.
  • We were retained by counsel in the filing of an appeal before the Trademark Trial and Appeal Board. Our work included analysis of documents and other artifacts, as well as assistance in reviewing the appeal.
  • We were retained by counsel for the defendant, a publicly-traded technology services and products company, in a complex litigation matter that included allegations of trademark infringement. Our work included calculation of damages.