Trademark infringement matter for “As Seen on TV” product distributor

Trademark infringement matter for “As Seen on TV” product distributor

Stout was engaged by counsel for the defendant in a trademark infringement matter seeking the defendant’s profits and/or the plaintiff’s lost profits from a distributor of As Seen on TV (“ASOTV”) consumer products. Related to its lost profits claim, the plaintiff alleged that the defendant’s marketing campaign led to a negative impact on search results. Our rebuttal to the plaintiff’s lost profits analysis, among other things, involved a review of search engine terms and website traffic, which suggested that, the plaintiff’s search results were not negatively impacted as suggested. Additionally, based on our sales channel analysis, including a review of e-commerce channels, we demonstrated that the two companies were selling to different customers seeking dissimilar products. They were also predominantly shopping through different sales channels, leading to our conclusion that the plaintiff had lost little, if any, sales as a result of the alleged acts.

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