Trademark Infringement Damages Related to Air Compressors

In this case, the defendants–a retail outlet and its supplier–were accused of selling air compressors that infringed the trademark of a different line of air compressors sold by plaintiff. Cirque Analytics was retained on behalf of both defendants to analyze damages in the form of unjust enrichment.

Dr. Russell Mangum offered deposition testimony on behalf of defendants, while Cirque Vice Presidents Eric Matolo and D. Scott Bosworth managed the case. Using a combination of case-specific evidence and testimony about the claimed trademark, Cirque Analytics prepared an analysis addressing the commercial impact of the alleged infringement. This analysis involved identifying comparable, non-accused products and comparing the financial performance of them to the accused products. Additionally, the team conducted and presented market research on the features of air compressors that consumers value and utilized it to address questions of apportionment and consumer purchase decisions.

Following Dr. Mangum’s deposition testimony, the parties entered into a confidential settlement agreement.