Intellectual Property

Trademark Infringement and Damages

Trademark Infringement and Damages

NERA is frequently retained to assess damages in trademark infringement matters. In these types of cases, we may calculate the plaintiff's actual loss and/or the defendant's unjust enrichment from the alleged infringement. NERA has also undertaken surveys to establish certain liability issues in those cases including, for example, the extent to which the trademark at issue has achieved secondary meaning in the marketplace, and/or the degree of confusion caused by alleged infringement.
 
Our experts isolate the market effects of the specific claims at issue through a careful analysis of company data and documents, market information, and survey and statistical analyses. NERA economists evaluate alternatives to the alleged behavior, taking into account other relevant factors that influence consumers’ purchase decisions, to provide accurate assessments of the incremental value and competitive effects of the alleged behavior. We also collect and evaluate survey evidence designed to satisfy admissibility criteria and provide unbiased evidence of confusion, secondary meaning, and damages.

Name Title Location Phone Email
Dr. Hiroaki Ishigaki Managing Director Tokyo +81 3 3500 3295 hiroaki.ishigaki@nera.com
Dr. Christine Siegwarth Meyer Managing Director White Plains, NY +1 914 448 4119 christine.meyer@nera.com
Dr. Chetan Sanghvi Managing Director Washington, DC +1 202 466 9240 chetan.sanghvi@nera.com
Dr. Lauren Stiroh Managing Director
Chair of NERA's Global Antitrust and Competition Practice
White Plains, NY +1 914 448 4143 lauren.stiroh@nera.com
Dr. Kent Van Liere Managing Director Denver
San Francisco
+1 303 357 4782
+1 415 291 1010
kent.van.liere@nera.com
Dr. David Blackburn Director Washington, DC +1 202 466 9264 david.blackburn@nera.com
Bradley A. Heys Director Toronto
New York City
+1 416 868 7312
+1 212 345 2691
brad.heys@nera.com
Bryan Ray Associate Director White Plains, NY +1 914 448 4004 bryan.ray@nera.com
Dr. Stephanie Demperio Senior Consultant White Plains, NY +1 914 448 4153 stephanie.demperio@nera.com
Dr. Eugene Ericksen Affiliated Academic Philadelphia +1 215 864 3878 eugene.ericksen.affiliate@nera.com
Mark L. Berenblut Affiliated Consultant Toronto
New York City
London
+1 416 868 7311
+1 917 475 0020
+44 20 7659 8644
mark.berenblut.affiliate@nera.com
Title Type Author
The Limited Role of Analytical Approach to Reasonable Royalty Published Article Dr. Alan Cox
The Use of Surveys in Litigation: Recent Trends Working Paper By Sarah Butler and Dr. Kent Van Liere
Intellectual Property Rights Protection in China: Trends in Litigation and Economic D... Working Paper By Dr. Alan Cox and former NERA Senior Consultant Kristina Sepetys
The Patent Reform Act Published Article By Bryan Ray
Emerging Issues in the Use of Surveys in Trademark Infringement on the Web Working Paper By Dr. Kent D. Van Liere and Sarah Butler
How to Determine Trade Marks Royalties Published Article By Dr. Emmanuel Llinares and Nihan Mert-Beydilli
US Perspectives on Marketing Intangibles and Services Presentation By Dr. Harlow Higinbotham
Rigorous Surveys for More Accurate IP Damages Published Article By Dr. Alan Cox