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Intellectual Property – Trademark Infringement & Profit Disgorgement (U.S.)

MDD was engaged on behalf of the defendant in a trademark infringement matter.  The plaintiff’s expert presented a damages claim based on a profit disgorgement theory.

MDD’s rebuttal report addressed customer sales that were not properly attributed to the use of the accused marks. MDD analyzed and quantified direct variable costs properly deducted from the accused sales and addressed the appropriate treatment of certain fixed overhead costs incurred by the defendant in making the accused sales.

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