Trademark infringement matter for online DNA testing marketplace

Trademark infringement matter for online DNA testing marketplace

Stout was retained by counsel for counter-plaintiff in a trademark infringement matter involving an online marketplace that offered DNA testing services. Stout was asked to perform a damages calculation on behalf of its client, which included the defendant’s profits and corrective advertising. To perform the damages analysis, Stout analyzed each company’s sales data, reviews of each company’s products on the e-commerce websites, sales made through the defendant’s website, “ad words” purchased by the defendant through several search engines, and web analytics data quantifying website visits.