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Intellectual Property

Trade Dress

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.

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Title Type Author
Supply-Side Data Can Help Product Defect Damages Models Published Article Dr. Daniel Werner
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Tools of Trade—An Introduction to Trade Secret Valuation in Litigation Published Article Kristopher Boushie
Privacy, Pricing, and the Value of Consumer Data: The Complex Nature of the CCPA’s No... Published Article Lawrence Wu
Survey Response Bias and the ‘Privacy Paradox’ Published Article Sarah Butler, Dr. Garrett Glasgow, and Dr. Samantha Iyengar
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Disputed Issues in Awarding Unjust Enrichment Damages in Trade Secret Cases Published Article NERA Managing Director Dr. Alan Cox and David S. Almeling, Walter Bratic, Monte Cooper, and P. Anthony Sammi
Unpacking the Economic Toolbox: How to Make Sense of Your Economic Expert’s Analysis Published Article By Sheng Li, Christine Meyer and Gabriella Monahova
The Limited Role of Analytical Approach to Reasonable Royalty Published Article Dr. Alan Cox
Survey Techniques for Rigorous Measurement of Damages in Trade Dress Confusion Cases Study By Dr. Alan Cox and Louis Guth