What Is a Trademark Infringement Damage Expert and When to Call One? : ThyBlackMan

Sunday, May 19, 2019


What Is a Trademark Infringement Damage Expert and When to Call One?

February 16, 2019 by  
Filed under Business, Opinion, Weekly Columns

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(ThyBlackMan.comWhen it comes to legal procedures and legal teams, we often think that only lawyers are involved. This may have been the case in the past, but, now it’s different. Legal teams, nowadays usually use the aid of certain experts or advisors to help them determine several things. Whether it is determining the value of a certain intangible item, or a software related matter, lawyers often need someone with extensive experience in these fields.

There are two major types of experts which then branch out into countless areas of expertise; the most common one being trademark infringement. Since, intellectual property is a very sensitive matter, and it is normal for two people think of similar ideas, most of the time you will feel like you need to phone in an expert. So, if you want to understand everything there is to know about trademark infringement damage experts, as well as, determine whether or not you should call an expert, read on.

What are the two major types of experts?

The two types of experts are named after their functions. First, there are consulting experts who are hired by lawyers and companies to research, and go in depth into certain cases, then come out with some legal advice. These experts only deal with their clients; never with the court.

On the other hand, there are testifying experts who have the same researching role as consulting experts; yet, they do come in contact with the court body. While they are hired by one client, once summoned to court, their actual job becomes to objectively assist the court in reaching a decision.

What is trademark infringement?  

Trademarks are the main factor that distinguishes a company from its peers. Take Apple, for example. Their logo is one of their trademarks which is a signifier of their reputation, and also what gives their devices their worth. So, if someone else was to take steal that trademark, wouldn’t people be confused? It may lead to people buying the competitor’s products thinking they are original Apple merchandise.

When one party uses another’s trademarks without their consent, this qualifies as trademark infringement. It can, not only damage a company’s reputation, sales, and image, but also, give an advantage to the transgressors. This is where the need for a damages expert arises.

What is the role of a damage expert?

One of their specialties is identifying a reliable trademark infringement damages expert witness, or even acting as one. If you are in need for a witness whose expertise will support your case, a damages expert will definitely help you determine who would be an effective choice.

Having said that, their main specialty is calculating damages. Their expertise in fields such as, finance and business management plays a major role. Through research, surveys, and careful consumer analyses, they gather information about the extent of the damage done by a stolen trademark. This can help set the range for a settlement, as well as, boost a client’s position in court.

When should you contact a trademark infringement damage expert?

If you think someone is benefiting from your registered trademarks without your permission, you need to call a damages expert. Why? If you need your case to hold up in court, you need to build up a strong foundation. An expert will help you gather enough data about the offending party. An expert will be able to calculate how much profit has the transgressor made while benefiting off of your trademark, and how much damage has it caused you. Which can save you a lot of time, money, and effort. An expert can help you build a strong case; but, more than that, they can help you know whether or not your case qualifies. This will save you the added expenses of paying lawyers, gathering data, and going a court just to be rejected.

Final Thoughts

With all of the above taken into consideration, it is safe to say that a trademark infringement damages expert job is quite straight forward. Their function makes them a necessary component in every infringement case as their expert opinion can make or break a case. However, keep in mind that you can either hire a consulting expert or a testifying expert. This is why, depending on the type of your case, you need to pick the appropriate type of expert. In some cases an expert’s testimony can result in a win; but, for others, it can go the opposite way. That’s all there is to damage experts.

Staff Writer; Bobby Wall


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