Sports and Footwear Industry Trademark Infringement

Brief

A U.S.-based global leader in the sports and footwear industry retained HKA experts to calculate damages for the defendant’s alleged infringement of the plaintiff’s “cool compression” trademark.  

What we did

HKA experts reviewed and critiqued the opposing expert’s damages claim and determined what profits, if any, from the sales of the accused apparel were attributable to the plaintiff’s trademark, as well as the unjust enrichment from the use of the plaintiff’s trademark. They analyzed profit apportionment considerations based on surveys/studies, the defendant’s proprietary contributions to the accused products, and the extent of use of the plaintiff’s trademark on their products.  

HKA experts identified a market comparable and determined the defendant’s unjust enrichment based on avoiding acquiring the asserted trademark.  

Outcomes

 An HKA expert testified at the deposition and trial in Philadelphia Federal Court.  

 The plaintiff claimed damages of $137 million plus punitive damages. However, the jury awarded only $507,000 in total damages and $142,000 in economic damages.