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

Credentials