Intellectual Property

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.