Principle
Assist a company in a counterfeiting case involving a:
- Brand or a brand’s defining feature (product design, color, etc.)
- Patent
- Product
- Software
Methodology
Comparison between the But-For and the actual situation to estimate:
- Loss of profit:
- Estimate the size of the infringing activity
- Strategic market analysis, and study of the infringed product on its market
- Trend analysis: statistical extrapolation from past trends, put forth evidence of a notable break in trend, etc.
- Review depreciation of related investments
- Implement alternative methods: implied royalty rate
- Supplemental Costs:
- Authenticate the link between the infringing activity and the expenses incurred
- Validate the supplemental nature of the cost incurred (g. retaliatory communications campaign, etc.)
Our Work
- Upon request, write a report estimating the potential damage demanded by the victim directly resulting from counterfeiting
- Prepare response to opposing counsel arguments (representing defendants or plaintiffs)
- Assist the client during administrative or judicial proceedings
