Vident Partners provides vetted trademark and trade dress expert witnesses for cases involving likelihood of confusion analysis, trade dress infringement, Lanham Act claims, and brand dilution in intellectual property litigation. Request a referral today.
Find a Trademark & Trade Dress Expert →Overview
Trademark and trade dress experts evaluate whether competing marks or product designs create a likelihood of consumer confusion. The Lanham Act—15 U.S.C. § 1051 et seq.—establishes federal trademark registration and protection, and Section 1051 governs the registration of marks used or intended to be used in commerce 1. Liability for infringement of registered marks is set forth in 15 U.S.C. § 1114, which prohibits any use of a reproduction or colorable imitation of a registered mark likely to cause consumer confusion 2. Protection for unregistered trade dress, dilution of famous marks, and false designations of origin is governed by 15 U.S.C. § 1125, which also requires that trade dress claimed as non-functional in product design cases not be functional 3. The definitions section at 15 U.S.C. § 1127 defines the core concepts of trademark, service mark, and abandonment 4. Experts in this specialty apply multifactor likelihood-of-confusion tests used by federal circuits, analyze consumer survey evidence, and bring backgrounds in marketing, consumer psychology, or brand management.
Under 15 U.S.C. § 1125(c), a famous mark owner may seek injunctive relief against dilution by blurring or tarnishment even absent a likelihood of consumer confusion.
Case Types
Trademark infringement and likelihood of confusion analysis
Trade dress infringement and product design protection
Lanham Act false advertising and unfair competition
Domain name disputes and cybersquatting claims
Trademark dilution and brand tarnishment
Qualifications
Related Specialties
FAQ
A trademark expert should have an advanced degree in marketing, consumer behavior, or a related field, with expertise in consumer survey methodology and likelihood of confusion analysis. Experience with trademark prosecution, brand management, or intellectual property licensing is valuable. Survey experts must demonstrate proficiency in accepted survey methodologies such as the Eveready and Squirt formats.
Trademark experts are needed in infringement lawsuits involving competing marks, trade dress cases involving product packaging or design, Lanham Act false advertising claims, domain name disputes under the ACPA, franchise and licensing disputes involving trademark rights, and counterfeiting cases requiring brand authentication analysis.
In general, intellectual property expert fees are determined by the expert themselves, based on a variety of criteria. Among those criteria are professional experience, forensic experience, academic qualifications, technical expertise, and publications. Vident does have some influence over expert fees by comparing experts within a specialty, but ultimately it is a personal decision by the expert.
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Vident Partners connects attorneys with qualified trademark & trade dress expert witnesses. Complimentary consultation, 24-hour turnaround, no obligation.
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