Trademarks are a core component of brands. They allow products and services to be clearly identified and distinctive. They are often the cornerstone on which businesses develop their brand idenities, representing the beliefs, perceptions and promises that uniquely distinguish products, services and companies in the minds of consumers. Brands are often the most the valuable asset within a company. Registering trademarks protects a company’s investment in its brands.
Trademark infringement can occur when an identical or similar brand is used in a way which is likely to cause confusion on the part of consumers. Where there is little risk of confusion, trademark infringement may still occur where the transgressor takes unfair advantage of the reputation of a famous registered trademark. A registered trademark may be damaged by dilution where its distinctiveness has been reduced or by tarnishment where an infringing mark portrays the registered mark in a negative light.
Determining confusion, dilution, tarnishment or unfair advantage requires an in depth understanding of the registered trademark, the brand values which it portrays, and the impact on consumer behaviour that results from trademark infringement.
Our team of qualified accountants, marketers and valuers are well positioned to analyse the consumer response to an alleged trademark infringement and quantify damages.
Intangible Business has acted as an expert witness in courts and tribunal hearings both in the UK and internationally. Our experts employ robust methodologies which have withstood the most stringent cross examination. Our approach to resolving trademark disputes is bespoke for each case but proven and accepted methodologies are generally used and fully supported.
Intangible Business also acts as an expert witness in other areas and its representatives are members of: The Institute of Chartered Accountants in England and Wales (ICAEW); The Chartered Institute of Management Accountants; The Chartered Institute of Marketing; The Academy of Experts (TAE) and The Expert Witness Institute. This includes accreditation as: expert witness by TAE; and forensic accountant by the ICAEW. They have supplied evidence for courts and tribunals in Australia, UK, France, USA and all over the world.