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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.
Name | Title | Location | Phone | |
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Dr. Stephanie Demperio | Senior Consultant | Washington, DC | +1 202 466 9227 | stephanie.demperio@nera.com |
Dr. Eugene Ericksen | Affiliated Academic | Philadelphia | +1 215 864 3878 | eugene.ericksen.affiliate@nera.com |
Title | Type | Author | ||
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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 | ||
Intellectual Property Rights Protection in China: Litigation and Economic Damages | Published Article | By Dr. Alan Cox with former NERA Senior Consultant Kristina Sepetys | ||
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Title | Date | |||
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Survey Research for Substantiation in Intellectual Property Disputes | 13 December 2019 | |||
The Economics of Biosimilars: Market Access, Pricing and Legal Considerations | 10 December 2019 | |||
Reasonable Royalties, Apportionment, and Overseas Profits: Assessing Patent Damages | 13 November 2019 | |||
IP Damages Trends in Patent and Lanham Act Cases | 05 November 2019 | |||
2nd Annual Berkeley-Tsinghua Conference on Transnational IP Litigation | 22 October 2019 | |||
Pocket MBA 2019: Finance for Lawyers | 24 September 2019 | |||
NAD Annual Conference 2019: Consumer Perception Survey Designs | 23 September 2019 | |||
Apportionment and the Entire Fair Market Value Rule (EMVR) in Patent Damages | 20 June 2019 | |||
The Concept of Apportionment in Patent Infringement Matters—Methods and Recent Case L... | 06 June 2019 | |||
"Surveys in the Brave New World" at INTA's 141st Annual Meeting | 21 May 2019 | |||
Title | Date | Type | ||
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NERA Economic Consulting Announces Senior-Level Promotions | 19 March 2019 | Press Release | ||
NERA Economic Consulting Opens Office in Miami, Florida | 14 November 2017 | Press Release | ||
NERA Shares Insights on Smart Electricity Services Contracts at Paris Research Semina... | 25 January 2017 | Press Release | ||
NERA Expert Confirmed Following Daubert Hearing: Comcast Cable Communications, LLC, e... | 14 December 2016 | Press Release | ||
NERA Economic Consulting Announces Senior-Level Promotions | 13 October 2016 | Press Release | ||
NERA Economic Consulting Recognized in Who’s Who Legal: Consulting Experts Guide | 06 October 2016 | Press Release | ||
NERA Announces Appointment of New Practice Chairs | 25 March 2013 | Press Release | ||
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