Intellectual Property

Trade Dress

Trade dress refers to the "look" or "appearance" of a product (as opposed to a "trademark," which refers specifically to the name or logo of the product). A company may claim that another company has misappropriated its product's trade dress. NERA experts have been asked to assess damages from this claimed infringement, including, for example, the trade dress owner's actual loss or the accused infringer's unjust gains. NERA economists evaluate alternatives to the alleged behavior, taking into account other relevant factors that may influence consumers’ purchase decisions, to provide accurate assessments of the incremental value of the trade dress at issue. In so doing, our experts isolate the market effects of the specific claims through a careful analysis of company data and documents, market information, and survey and statistical analyses.