Expert damages opinion

Our expert issued a damages opinion in a case involving alleged violations of the Lanham Act and state competition law, including allegations of trademark infringement, unfair competition, false designation, and deceptive trade practices. The plaintiffs put forth a claim for disgorgement of defendants' profits based on defendants' total sales of the alleged infringing products, a line of homeopathic salves and ointments. We analyzed the defendants' appropriately deductible costs to be applied against the plaintiff's disgorgement calculation, and also evaluated the plaintiff's lost profits as an alternative measure of damages. We analyzed the defendants' detailed sales records by customer and by distribution channel to isolate only those product sales made by the defendant that could be reasonably linked to the alleged acts of the defendants, and only during the relevant time period for damages. The case settled after submission of our expert report and prior to deposition or trial testimony.