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.
Advanced Confusion and Infringement Analysis Techniques
Although IP litigation has evolved 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 consultants and trademark infringement valuation 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. Even though the volume of IP litigation has risen, and even though the sophistication of the attorneys involved has certainly increased, too many so-called confusion and infringement business experts have not increased their sophistication at a concomitant pace.
Our firm recognizes there is 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. We have refined this technique during the past 15 years, while working with leading law firms in this country and abroad. Today, that technique, the Confusion Measurement Analysis, has been accepted by courts and has proven to be a much more effective alternative to a standard confusion survey.