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 trade dress cases, representing either the defendant or plaintiff. Typically, a trade dress expert witness has a background and expertise in consumer confusion, trade dress infringement damages, survey research, and/or intellectual property law.
An intellectual property protection program stops others from using an owner’s intellectual property (trademark, trade secret, patent, copyright) without a licensing agreement. Trade dress infringement occurs when a product’s visual appearance or packaging that distinctly signifies the source of the product to consumers is imitated. Trade dress protection is intended to safeguard consumers from buying one product under the belief that it is another. Trade dress law allows action in a state or federal court to request monetary relief or a court order (injunction) to stop distributing the accused product. The Lanham Act protects trade dress if it is the same source-identifying function as a trademark. Cahn Litigation Services has placed expert witnesses in a variety of trade dress issues including products as diverse as cell phones, jewelry, tableware, and automobiles.
Litigation support by a trade dress expert witness could include research, a consumer survey, an expert report, expert opinion, expert testimony and/or courtroom testimony. A financial expert specializing in economic damages for trade dress issues may be called upon to provide valuation calculations. 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.
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.
The below expert witness bios represent a small fraction of those Trade Dress experts known by Cahn Litigation Services. These bios are provided to give attorneys a sense of the Trade Dress landscape.
This expert has many years of experience as an industrial designer and design manager for the U.S. Government, consultant design firms and as head of corporate design for a pharmaceutical company and head of personal care company's POP Display department. This expert retired as a tenured full professor, having taught both undergraduate and graduate industrial design courses, and was the founding head of the graduate Design Management Program. This expert has lectured internationally and taught and wrote about "universal design" and the ADA. This expert has served as an industrial design expert in intellectual property cases involving: design patents (66); utility patents (24); trade dress (22); trademarks (11); trade secrets (3) and copyrights (8). This expert also served as an industrial design expert in 163 product liability cases. Regarding the design of logotypes, this expert has designed at least 12, the most famous of which is still being used which this expert personally designed when Head of corporate design for a pharmaceutical company. This expert is a member of the IDSA (Industrial Designers Society of America) and the HFES (Human Factors Ergonomics Society).
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.
This expert has a Masters in Design (Terminal Degree) and a PhD in engineering with course work that spanned product design, safety, industrial systems design, robotics, kinematics and mechanical engineering. This expert's expert witness experience includes intellectual property (patents, trade secrets and trade dress), product design, product liability and mechanical failure analysis, manufacturing system failure, safety analysis, and automotive and motorcycle system failures. This expert is a recognized artist, award winning producer, interior designer, author of a robotics text, journal and conference papers that include automation systems, alternative fuels and automotive engine design, a racing car engine researcher and designer, and the holder of six US patents that include alternative automotive fuels and furniture design. This expert is an Associate Professor in a Department of Industrial Engineering and Management Systems and an Associate Professor in a School of Visual Arts and Design.
This expert is a copyright infringement and trade dress consultant, forensic expert, jewelry appraiser and broker, and has served the jewelry industry for many years. This expert has been under contract with the Federal Trade Commission, Internal Revenue Service, U.S. Justice Department, Federal Bureau of Investigation, U.S. Customs Bureau, U.S. Secret Service, U.S. Trustee's Office, The Royal Canadian Mounted Police and The Ontario Attorney General as a forensic expert witness, consultant, mediator, and trustee. This expert's expertise is frequently sought by banks, museums, foundations, insurance companies, the jewelry trade (both wholesale and retail), law firms, accounting firms and individuals, and this expert has been called upon to testify as an expert witness in major court cases throughout the United States, Canada, Singapore and The Bahamas. This expert has been on staff as a research associate with a major Museum of Natural History, earth sciences division, and serves on its Board of Trustees. This expert also has experience teaching classes in gemology, gem sciences and jewelry.
This expert is an experienced litigation expert with many years of senior level Fortune 100 experience and has been retained by many reputable firms to conduct consumer research and to provide expert testimony. This expert has provided expert testimony in more than 70 legal cases: Lanham Act - Trademark, Trade Dress, Patent; Defamation; Commercial Reasonableness; Personal Injury - Retail Merchandising; Misleading Advertising; Misleading Packaging; Damages; Fraud; and more. State, Federal, Class Action, Civil, Criminal, Courtroom and Arbitration Qualified, this expert has opined across a range of issues including trademark confusion, channel strategy, false advertising (including online advertising), branding and marketing, contracts, survey rebuttals, retail strategy, and trade dress confusion. This expert has been retained for criminal and civil cases regarding individuals, corporations, and class action lawsuits. This expert has created, developed, fielded, analyzed, and reported on thousands of studies. In this expert's work providing expert testimony, this expert has conducted surveys on genericness, likelihood of confusion, secondary meaning, false advertising, dilution and more as it relates to trade dress, trademarks, and patents. This expert has provided about twenty depositions in person, via video, and via telephone. This expert has testified in court nearly ten times in cases involving: Misleading Advertising; Consumer Confusion; Secondary Meaning; Fraud; Commercial Reasonableness; Brand and Reputation Defamation. This expert received an MBA and has experience in branding, management, research and strategy. Early in this expert's career, this expert spent years working in the areas of national brand management and promotional marketing. Once the Chief Marketing Officer for a major retail chain, this expert owns and manages a strategic marketing consultancy where this expert works directly with senior executives of many Fortune 1000 corporations providing a wide range of advanced research expertise including design, analytics and advanced statistics along with case consulting across a range of industries.
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
This expert has experience with many types of fasteners, and has taught mechanical engineering for many years. This expert has consulted in hundreds of cases related to mechanical engineering, has testified in approximately 500 depositions, and about 150 times in state and federal courts. Several dozen cases have involved issues of intellectual property such as patent infringement, trademark, trade dress and trade secret where electromechanical inventions and products are involved. Much of this expert's patent opinions have been in the consumer product space. This expert has consulted with government agencies in engineering research and with private industry in product design and analysis. This expert holds Ph.D. and M.S. in Engineering Mechanics.
This expert is a founding principal of a consulting firm providing consulting, valuations and testimony regarding IP damages and licensing custom and practices. This expert focuses on copyright, trade dress, trade secrets and trademark infringement, publicity rights, social media and Internet infringement, defamation, marketing strategy analyses, royalty rate determinations and other intangible assets. This expert also provides valuation and monetization strategies for trademarks, trade secrets, publicity rights, domain names, Internet and social media assets, brands, copyrights and other intangible assets for financial reporting, bankruptcy and transactional due diligence. This expert is affiliated or associated with the major industry associations in licensing and in intellectual property and has been a frequent presenter at industry conferences. This expert has deep experience as an expert witness, having been the named testifying expert in over 75 cases, with over 20 depositions and five trials.
This expert is a Vice President at a successful intellectual property damages consulting firm. This expert has worked, either as a consultant or an expert, on a number of cases involving various types of apparel, including sportswear, jewelry, tags and trim, and other clothing articles. The claims in these cases have been related to patent, trademark, design patent, trade dress, or copyright infringement, as well as more generally commercial damages (e.g., breach of contract). This expert’s most recent testimony involved claims of trademark infringement, in which this expert responded specifically to damages claims regarding lost profits, royalties, and other forms of damages.