Expert opinion and testimony

We presented an expert opinion and testimony in a trademark infringement matter in Canadian federal court. The matter involved allegations of infringement of an airline's Canadian trademarks by the operator of a website that collected and published complaints against the airline. Our expert testified as to the existence of goodwill (as defined under Canadian law) associated with the trademarks, and whether there had been depreciation, or the likelihood of depreciation, of the value of such goodwill as a result of the defendant's activities. We analyzed several factors to be considered in assessing goodwill, including: the degree of recognition of the mark within the relevant universe of consumers; the volume of sales; the depth of market penetration of the products or services associated with the trademark; the extent and duration of advertising and publicity accorded to the mark; the geographic reach of the mark; and the inherent or acquired distinctiveness of the mark and whether products or services associated with the mark are confined to a narrow or specialized channel of trade.