In this matter, Cirque Analytics was retained by defendant Dansons to assist with claims for damages due to alleged trademark infringement on sales of kamado-style grills. Cirque was asked to assist counsel in responding to the claims from the plaintiff that it had incurred damages.
Led by D. Scott Bosworth as a testifying expert, with Josh Brown managing the project, Cirque Analytics addressed claims of damages in the form of disgorgement of unjust enrichment. The team first quantified Danson’s total accused sales and profits in the case, and then addressed the critical issue of apportionment. Specifically, Mr. Bosworth compared margins and sales rates on products at issue in the case with those that were not accused of infringing. Additionally, the team worked closely with a survey expert retained by Dansons to address the availability of non-infringing alternatives, the unlikelihood of confusion, and other topics related to the value of the trademark in question.
Following submission of an expert report, Mr. Bosworth testified in deposition regarding damages. Shortly thereafter, the parties entered into a confidential settlement.
Practice Area:
Intellectual Property
Lead Expert:
Scott Bosworth
Case Manager(s):
Josh Brown
Client:
Dansons
Law Firm:
Seyfarth Shaw