Patents
Trade Secrets
Trademarks / Lanham Act
Copyrights
Commercial Damages / Breach of Contract
Antitrust
Class Action
Employment
Hedonic Regression & Conjoint Analysis
LitiNomics' professionals are experts in assessing damages associated with trademark infringement in several industries, including software, high technology, internet, entertainment, and consumer products. In addition, we've performed damages analyses of allegations of trade name, trade dress, false advertising, and other Lanham Act violations.
The remedies available for trademark and other Lanham Act violations are generally the same as those available for other violations of intellectual property: actual damages of the plaintiff (typically lost profits), disgorgement of defendant’s profits (unjust enrichment), and even reasonable royalty under certain fact patterns. Our team has considerable experience measuring defendant’s profits related to trademark infringement, including calculations of deductible expenses and apportionment (when appropriate).