Trademark infringement matter for electronic accessories manufacturer
Trademark infringement matter for electronic accessories manufacturer
Stout was retained by counsel for the plaintiff in a trademark infringement and counterfeiting matter (among other alleged acts) involving a manufacturer of high-end charging cables, docks, and accessories for smartphones and tablets. At the onset of infringement, the plaintiff discovered that the e-commerce retailer was selling counterfeit versions of its products. It quickly became evident that these counterfeits performed at a lower standard compared with the plaintiff’s product, resulting in lower average customer ratings and derailing the brand’s perception. Stout performed multiple analyses to determine the effect of this alleged infringement and wrongdoing, including before versus after sales amounts, declining sales relative to average review rating, and market share analysis. In addition to these analyses, Stout used a sales-diffusion model to predict future sales based on the historical sales trajectory of the authentic products. Stout then arrived at a damages opinion after deducting expected incremental expenses and discounting to a present value.