Stout was retained by counsel for a seller of e-cigarette products in a trademark infringement dispute with a competitor. Each party asserted infringement claims against the other. Our client was the senior user of the mark but had only common law rights to the disputed trademarks. The opposing party was a junior user but had obtained a federal registration for its trademark. Stout was asked to analyze and offer opinions regarding the opposing party’s profits earned through improper use of the trademark. Stout was also asked to analyze and offer opinions regarding our client’s market penetration in each state and throughout the U.S. prior to the opposing party’s market entry. We were also asked to rebut the opposing party’s lost profits claim.