Lanham Act Expert Witnesses

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What is a Lanham Act expert witness?

The Lanham Act trademark law (Lanham Act of 1946) is the primary federal trademark statute of U.S. law. Lanham Act expert witness candidates typically have backgrounds in a variety of trademark related matters including consumer confusion, trademark infringement, trademark abandonment, brand valuation, brand reputation, trade dress infringement, survey research, and/or intellectual property law.

What types of cases require a Lanham Act expert witness?

Representative matters that Cahn Litigation Services has provided expert candidates for have encompassed:

• deceptive advertising,
• consumer survey design for a footwear dispute,
• unfair competition,
• survey expert to construct a rebuttal report for trademark litigation,
• false advertising claims, and
• secondary meaning.

Lanham Act expert witness case examples

Cahn Litigation Services has placed expert witnesses in a variety of trademark dispute cases including products as diverse as footwear, alcoholic beverages, socks, cable ties, retail stories, and computers.

What litigation support work might a Lanham Act expert witness be expected to perform?

Litigation support by a Lanham Act expert witness could include market research, survey design, an expert report, expert opinion, expert testimony and/or courtroom testimony. A financial expert specializing in economic damages for trademark infringement may be called upon to provide valuation calculations. In addition, a law firm may request a qualified expert to provide pre-litigation consulting work. In a high-profile case, or litigation involving a significant financial stake, a law firm may require a testifying expert with prior expert witness testimony experience.

Cahn Litigation Services is skilled and experienced at identifying the ideal expert to provide expert witness services for all types of intellectual property matters, and is frequently called upon by law firm clients to locate a specialist for Lanham Act claim cases, representing either the defendant or plaintiff.

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Lanham Act Expert Witness - Representative Bios

Please Note: All Cahn Litigation expert witness searches are customized to attorneys' precise specifications and preferences. Attorneys are encouraged to discuss search parameters with a Cahn search specialist.

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The below expert witness bios represent a small fraction of those Lanham Act experts known by Cahn Litigation Services. These bios are provided to give lawyers a sense of the Lanham Act landscape.

• Expert Witness #237557

  Unlike academic experts, this expert has many years of branding industry expertise in developing brand names, brand imagery, brand messaging, package design, advertising and communications for the market-leading, global brands of more than 50 Fortune 500 consumer product and service companies. This gives this expert unique insight in establishing the likelihood of consumer confusion between brands and how that influences purchase behavior.

  Expertise:  Experienced in Lanham Act and TTAB infringement issues including infringement of

  -  Trademark and Copyright

  -  Package Design

  -  Product Design

  -  Brand Identity/Logo

  -  Web Site

  -  Branding Industry Best Practices

  Services include:

  -  Survey Development/Analysis

  -  Likelihood of Confusion Determination

  -  Brand Dilution Confirmation

  -  Damages Assessment

  -  Corrective Advertising Calculation

  Unique Credentials:

  -  Works with +100 top consumer product /service companies on branding strategy and communications

  -  Created/analyzed +1,000 consumer survey/research projects

  -  Managing Partner of a brand identity strategy and communications firm

  -  The industry thought leader on quantifying brand value

  -  Serves attorneys for both plaintiffs and defendants
  
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• Expert Witness #251233

  This expert holds a PhD in Economics from an Ivy League School. This expert specializes in antitrust, intellectual property, and the evaluation of commercial damages and has decades of experience in litigation involving patent damages, pharmaceuticals and antitrust issues. This expert serves as a managing Director for a global consultancy dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. This expert provides strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world's leading law firms and corporations. In the antitrust area, this expert has analyzed the competitive consequences of numerous mergers in a wide range of industries, including agricultural products, chemicals, consumer products, medical devices, pharmaceuticals, and semiconductors, among many others; this expert has frequently presented the results of the analyses to US antitrust agencies and courts. In addition, this expert has addressed liability and damages issues involving allegations of predatory pricing, monopolization, price discrimination, resale price maintenance, tying, and other antitrust violations in a variety of different industries. Many of this expert's antitrust inquiries have focused specifically on intellectual property and its unique role in the analysis of market power and competitive effects. In the intellectual property area more generally, this expert has evaluated economic damages in cases involving patent infringement, trade secrets, trade dress, Lanham Act violations, and other claims. This expert has written and lectured extensively on the use of economic analysis in these matters. This expert has also evaluated liability and damages issues in many other settings. This expert has calculated economic damages in cases involving allegations of breach of contract, fraud, and misrepresentation, among many other issues. This expert has also studied commodity futures markets in several cases involving allegations of market manipulation. This expert has testified before state and federal courts, the US Federal Trade Commission, and various other regulatory bodies. This expert's articles and speeches have been invited and published by the American Bar Association, the Practicing Law Institute, European Competition Law Review, and many other comparable institutions.  

  
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• Expert Witness #256205

  For many years this expert has taught courses in patent law, trademark law, copyright law, international IP law, IP survey, and IP theory. This expert is a prominent law professor who is considered one of the nation's preeminent experts on intellectual property and technology law. This expert consults with some of the world's leading companies and serves as an expert witness in trademark and IP cases. This expert has fielded confusion research pursuant to the Lanham Act within the following industries:

  • Virtual Meeting Software
  • Off Road Utility Vehicles
  • Production Equipment Manufacturer
  • Thermo-Insulated Beverage Tumblers
  • Vinyl Automotive Wraps
  • Outdoor Sport-Oriented Cameras

  This expert has a joint appointment between the School of Law and the School of Business. This joint appointment will allow students to take classes that integrate legal and business principles.

  
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• Expert Witness #218653

  This expert is an experienced forensic marketing litigation expert. This expert has provided litigation support for a wide range of litigation issues in the areas of Trademark, Trade Dress, advertising, marketing, sales, intellectual property and brand management. This expert has been retained by ~100 law firms as an expert witness, furnished 50+ Lanham Act Surveys and nearly 20 Rebuttals to Surveys.  This includes consumer confusion, brand awareness, descriptiveness and genericness, trademark infringement, and dilution. This expert is experienced in the areas of consumer opinions, consumer behavior, strategic planning, finance, interactive, social media, purchasing process, brand marketing, creative services, promotion, advertising, sales, retail, and product management.

  Given this expert’s extensive trademark and survey experience, in addition to this expert’s testimony, this expert has been personally responsible for more than fifty registered trademarks and has been fully responsible for a research-based consulting firm and two Fortune 500 research organizations. This expert received an MBA and has many years of experience in brand, management, research and strategy, and forensic marketing.

  Early in this expert’s career, this expert spent time working in the areas of national brand management and promotional marketing. Once a Chief Marketing Officer for a major retail chain, this expert owned and managed a strategic marketing consultancy where this expert worked directly with senior executives of many Fortune 500 corporations and has consulted the legal profession on numerous trade dress and consumer behavior issues. This expert has been retained by many reputable firms to conduct research for trademark disputes and provide expert testimony.

  
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• Expert Witness #232442

  This expert holds an MBA and is currently the Managing Partner of a consulting firm specializing in intellectual property issues involving patents, trademarks, trade dress, copyrights, trade secrets and know how. This expert teaches an annual class on Lanham Act damages. An experienced expert witness, this expert has testified in federal and state court, ITC, AAA, IAA and ICC matters involving a broad range of IP topics including industry structure, licensing and practices, as well as damages related issues including lost profits, reasonable royalties, price erosion, competition and related topics

  
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• Expert Witness #218628

  This consumer survey expert holds a Ph.D. in business and a J.D. in law and is well-qualified to address intellectual property issues. As a marketing consultant, this expert has provided advice and guidance on marketing strategy and consumer research issues as part of litigation support teams for plaintiff and defendant clients.

  This expert has served as a testifying expert witness in deposition, hearing, and trial settings over 150 times in consumer-related litigation, class-action certification, deceptive advertising, Lanham Act issues, and consumer survey research. This expert has undertaken over 300 survey research projects for plaintiff and defendant clients in litigation-related matters, including advertising and trademark and trade-dress issues, and has testified on marketing, advertising, and trademark matters before the FTC, ITC, PTO, NAD, and federal and state courts throughout the U.S.

  This expert has extensive experience with trademark and trade dress issues, including surveys designed to assess likelihood of confusion. This expert is an experienced expert witness and litigation consultant.

  
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• Expert Witness #225984

  This deceptive advertising expert has worked on multiple unfair business practices, deceptive advertising and promotion, and unfair competition matters involving tools, games, products and services, commercial products, mortgages, media, brands, and online marketing.

  This expert has served as an expert witness and has been designated in matters involving marketing, advertising, trademark, patent, promotion, breach of contract, unfair competition, custom and practice, Lanham Act violations, Robinson-Patman Act violations, and related issues.

  
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• Expert Witness #249846

  This deceptive advertising and Lanham Act expert works with numerous leading consumer product and service companies on branding strategy and communications, and has served in a senior leadership role at a brand identity strategy and communications firm for over 30 years.

  This expert has served in over 95 matters, many involving false and deceptive claims, and has experience with trade secrets and Lanham Act issues.

  
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• Expert Witness #288396

  This IP/Lanham Act/false advertising damages expert has worked extensively for over 20 years in antitrust, finance, intellectual property, and survey research, including service as a consulting expert and expert witness and senior leadership within intellectual property, economics, and damages practices. In intellectual property matters, this expert has conducted economic and econometric analyses to determine the value of patents, trademarks, copyrights, and trade secrets, as well as economic damages resulting from infringement and damages due to false advertising. This expert has also assessed consumer perceptions and behavior in false advertising matters, and in trademark infringement matters has addressed secondary meaning, likelihood of confusion, genericness, fame, and dilution. This expert has testified in district courts, state courts, arbitrations, and before the Copyright Royalty Board, PTAB, TTAB, and the ITC. This expert has been recognized by prominent legal, litigation, intellectual property, and economic analysis rankings.

  This expert has provided expert testimony in false advertising litigation in the pharmaceutical industry, conducted econometric analyses used to determine whether damages were incurred due to alleged false advertising, and evaluated counterclaims regarding false advertising damages. This expert has also provided expert testimony in false advertising litigations involving the pharmaceutical, clothes dryer, mattress, and DNA testing industries. This expert has conducted survey research and developed economic analyses to evaluate claims associated with alleged false advertising in several industries, including food, health care, home security services, and server support services.

  
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• Expert Witness #288409

  This economic damages/Lanham Act expert has served as a testifying expert in federal district and state court matters as well as in private arbitrations involving economic, accounting, valuation, and strategic issues.

  This expert has testified in a variety of litigation matters involving patent, trademark, and copyright infringement, theft of trade secrets, false advertising, breach of contract, business valuation, bankruptcy, fraud, business interruption, personal injury, wrongful death, and wrongful termination.

  This expert has testified on behalf of both plaintiffs and defendants in the analysis and determination of economic damages, including lost profits, reasonable royalties, price erosion, unjust enrichment, diminution of value and insolvency analyses, valuation, and pre- and post-judgment interest.

  This expert has also served as a guest lecturer at several law schools, covering damages under a variety of claims.

  
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• Expert Witness #288461

  This damages expert is a CPA, Certified Fraud Examiner, and Certified Valuation Analyst with over 30 years of experience in forensic accounting, damages analysis, and lost-profit measurement across industries including food manufacturing and manufacturing.

  This expert is a senior professional in a multinational forensic and investigative accounting firm and has handled hundreds of engagements. This expert has calculated lost profits in cases throughout the country, authored hundreds of expert reports for both plaintiffs and defendants, and has not been excluded. Some of this work has involved false advertising and Lanham Act matters.

  This expert is an experienced expert witness and litigation consultant, having given over 50 depositions and authored hundreds of reports.

  
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