NERA has been engaged by the defendant and their counsel in a commercial litigation case concerning a marketing intellectual property (IP) violation in the food industry. The claimant, a direct competitor, alleges that the defendant's food packaging infringes on its IP rights and has caused economic damages by confusing consumers in retail chains, which has led to a decline in revenue.

To support the rebuttal, NERA conducted two types of econometric analyses to isolate the quantitative impact of potential consumer confusion. The analysis revealed that, for a food industry company facing claims of IP rights violations and economic damages due to consumer confusion, the actual impact was only a small fraction of the damages claimed. We have also rebutted the claimant experts’ counter-analysis.