Representative Matters

Food, Beverages, and Alcohol

  • Retained on behalf of a beverage family trust to conduct brand valuation surveys in a right of publicity case involving lemonade products. Our expert testified at trial, presenting surveys and rebutting the opposing party’s surveys, and the jury returned a verdict for our client.
  • Retained on behalf of a maker of hydration beverages, to conduct materiality surveys in a gray market goods case involving hydration beverages.
  • Retained on behalf of a major candy maker to do substantial pre-litigation work to assess whether competitors’ unauthorized branding was likely to cause confusion.
  • Retained on behalf of a maker of breakfast foods to conduct likelihood of confusion and secondary meaning surveys in a case involving protein-enhanced products.
  • Retained on behalf of the co-owner of a major Italian restaurant chain to provide a reasonable royalty rate for trademark license royalties in a case involving contested ownership of the restaurant chain trademark in the United States. In a bench trial, the court awarded a verdict for our client.

Apparel, Footwear, and Luxury Goods

  • Retained on behalf of a maker of footwear to conduct likelihood of confusion and secondary meaning surveys regarding asserted trade dress in slippers and boots. Professor Franklyn was further retained to rebut the opinions of the opposing party’s expert based on their submitted secondary meaning surveys.
  • Retained on behalf of a college academic organization to conduct likelihood of confusion, secondary meaning, and false advertising surveys in a case involving the trade dress and colors used by the parties in various regalia in the honor society market. Our expert was further retained to rebut the opinions of the opposing party’s expert based on their submitted likelihood of confusion and secondary meaning surveys.
  • Retained on behalf of a public university to conduct a likelihood of confusion survey regarding whether the opposing party’s sale of athletic clothing bearing the university’s trademarks was likely to confuse consumers as to source, sponsorship, or affiliation. Our team was further retained to rebut the opinions of the opposing party’s expert based on their submitted confusion survey. Our expert testified at trial; the jury returned a unanimous verdict in favor of our client, finding infringement.
  • Retained on behalf of a luxury leather goods maker to conduct a variety of surveys for trade dress likelihood of confusion surveys regarding unauthorized look-alike handbags.
  • Retained on behalf of a luxury fashion house to conduct likelihood of confusion, false advertising, and false advertising materiality surveys in a case involving the resale of goods manufactured by the luxury brand. Our expert testified at trial, and the jury unanimously returned a verdict in favor of our client.

Consumer Products

  • Retained on behalf of a maker of contact lenses, in a gray market goods case involving imported contact lenses, testing whether consumers would perceive differences in presentation and packaging as material.
  • Retained on behalf of a household goods manufacturer to conduct a secondary meaning survey in a case involving the designs of several bins and containers.

Automotive, Transportation, and Powersports

  • Retained on behalf of a maker of recreational vehicles to conduct a likelihood of confusion survey in a case involving the brands of travel trailers. Our expert testified at trial, and the jury unanimously returned a verdict in favor of our client.
  • Retained on behalf of a vehicle manufacturer to conduct a likelihood of confusion survey involving recreational vehicles. Our expert testified at trial, and the jury unanimously returned a verdict in favor of our client.

Technology, Software, and Telecom

  • Retained on behalf of a major smartphone manufacturer in a complex patent suit to rebut the conjoint survey offered by the opposed party that purported to show the relative value of the plaintiff’s allegedly patented technology in authentication security.
  • Retained on behalf of a patent owner in situational networks to conduct several choice-based conjoint surveys regarding a major social media platform’s alleged infringement of patented technology in crisis response systems.
  • Retained on behalf of a signal processing technology company to conduct a conjoint survey determining the value of its patented technology as used by major cellular device manufacturers in phone models to increase data download speeds. Our expert testified at trial, and the jury awarded a verdict for the client, setting damages at the full amount indicated by the FIP conjoint analysis.Retained on behalf of a major social media platform to conduct a consumer perception survey involving the platform’s use of privacy icons in a patent case.

Industrial, Tools, and Building Products

  • Retained on behalf of a manufacturer of hand tools and power tools, to conduct a likelihood of confusion survey regarding asserted trademark registration in the color of circular saw blades. Our team was further retained to rebut the opinions of the opposing party’s expert based on their submitted likelihood of confusion survey. Our expert testified at trial, and the jury returned a unanimous verdict in favor of our client.
  • Retained on behalf of a machinery industry company to rebut a confusion survey conducted by the opposing party’s expert in a case involving the branding of screws and other tools. Our expert testified at trial, and the judge, sitting in a bench trial, returned a verdict for our client.
  • Retained on behalf of a major industrial garage door company to conduct a genericism survey involving the names for industrial garage doors. Our expert was further retained to rebut the opinions of the opposing party’s expert based on their submitted genericism survey.
  • Retained on behalf of a fleet management company to conduct surveys determining the relative value of certain patented features of a software-driven system used to monitor the safety and other regulated aspects of over-the-road truck drivers. Our expert testified at trial, and the jury returned a verdict of non-infringement in favor of our client.
  • Retained on behalf of a provider of industrial automation to conduct confusion, false advertising, and materiality surveys in a case involving gray market goods brought into the United States by the opposing party.

Media, Entertainment and Gaming

  • Retained on behalf of a maker of customizable dolls to conduct secondary meaning and likelihood of confusion surveys and to rebut the opposing expert’s false advertising survey, in a case involving alleged trade dress in online game avatars.
  • Retained on behalf of a manufacturer of trading card protective cases, sleeves, and boxes, to conduct a variety of genericism, secondary meaning, and likelihood of confusion surveys regarding asserted trademark registrations in various word marks.
  • Retained on behalf of a radio corporation to conduct brand recognition and likelihood of confusion survey involving allegedly infringing marks on electronic products.
  • Retained on behalf of the descendents of members of a major rock group in a case involving contested ownership rights to various trademarks used by the music group. Our expert testified at the arbitration hearing in this matter.

Airlines, Hospitality and Travel

  • Retained on behalf of a major airline company to conduct a likelihood of confusion survey regarding the likelihood of confusion regarding registered marks across the airline services and hotel and hospitality industries. Our expert testified in a bench trial in federal court, and the jury returned a verdict in favor of our client.
  • Retained on behalf of a company managing luxury lodges to conduct forward and reverse confusion surveys in the luxury hospitality industry. Our expert was further retained to rebut the opinions of the opposing party’s expert based on their submitted likelihood of confusion surveys.

Law Firms

  • Retained on behalf of a prominent personal injury law firm to conduct an initial interest likelihood of confusion survey involving a competing law firm.

Trademark Portfolio Evaluations

  • Retained by a major online retailer in a dispute with the IRS involving alleged tax liability. FIP provided an economic analysis of the relative value of overlapping trademark rights in the European Union.