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Law Practice,
Intellectual Property,
Contracts

Jul. 8, 2022

Be thorough and creative in selecting experts in trademark cases

Michael K. Friedland

Partner
Knobbe Martens

Friedland is the co-chair of the firm's litigation department. His practice focuses on patent, trademark, copyright, and trade secret litigation. He is resident in the firm's Irvine, California office.

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In most trademark cases, two types of experts come immediately to mind: the survey expert and the damages expert. Consideration of experts should go beyond simply checking off those two boxes. Counsel should thoroughly consider all of the issues in the case to determine the specific types of surveys needed, the specific types of damages analyses needed, and all other issues that could benefit from expert testimony. Although survey experts and damages experts are extr...

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