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Roof Top Support System Trade Dress and Trademark Infringement

We were asked to prepare an expert report and provide testimony in court regarding damages and liability in a trade dress and trademark infringement matter.
The dispute between a manufacturer and a distributor of rooftop support systems involved the design and appearance of hard rubber supports for use under heavy rooftop equipment. The distributor had purchased and sold the manufacturer’s product for several years prior to the infringement, in which the distributor arranged for alternative manufacture of supports virtually identical in appearance to the manufacturer’s product. We calculated both lost profits to the manufacturer and unjust enrichment by the distributor. We also took care, in the event the court decided to award both measures of damages, which it did, to quantify the amount common to each, due to supply chain issues.

Provided multiple reports and declarations and testified at trial and in post-judgment hearings. Jury accepted our opinions and awarded damages based solely our calculations.