Nathan Economists Examine Corrective Advertising for Lanham Act Damages

Determining the cost of advertising to counter the negative financial effects of trademark infringement or false advertising requires more complicated analysis than commonly applied, according to Nathan economists D. Scott Bosworth, Russell W. Mangum, and Eric C. Matolo.\r\nWriting in the journal The Trademark Reporter, they explore the many complications, noting the existence of “common, but unsupported presumptions and inaccurate, conclusory arguments that can lead to flawed calculations of corrective advertising damages.”

Nathan’s Hayek Explores Gauging Infringement Damages after Samsung v. Apple

January 19, 2017–Marianne Ley Hayek, a managing economist at Nathan Associates, says an array of economic tools exists to calculate damages when patents for product components are infringed. Litigators may need such analysis more often after the U.S. Supreme Court’s December 6, 2016, ruling in Samsung v. Apple.

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