Taft Cleveland partners JoZeff Gebolys and Phil Bautista recently recorded a Chambers Expert Focus podcast titled “Survey Says? Using Apportionment Surveys in Defence of a Trade Mark Infringement.” In the episode, Gebolys and Bautista discuss the intricacies of apportionment, a process that assesses the portion of a defendant’s profits attributable to the use of a trademark versus other factors. In trademark litigation, plaintiffs often seek to disgorge the defendant’s profits obtained from the infringing activity. While proving the defendant’s revenues is straightforward, apportionment can significantly reduce the claimed damages by isolating profits directly linked to the trademark’s use.

Gebolys and Bautista are joined in the discussion by Prof. David Franklyn, executive director of the McCarthy Institute and professor at the Sandra Day O’Connor College of Law of Arizona State University. To listen to the full episode, visit here. To watch the video, visit here.

Chambers Expert Focus provides insights on the key legal trends and risks that are front of mind for in-house counsel, GCs, and other legal professionals across the global legal market.

Gebolys is a partner in Taft’s Litigation and Intellectual Property practice groups, where he provides clients with guidance in all stages of the civil litigation process, including injunctions and pre-litigation dispute resolution. He has meaningful trial experience at both the state and federal levels, and his practice covers IP litigation, contract disputes, trade secret litigation, construction disputes, and appeals.

Bautista is a partner in Taft’s Intellectual Property and Litigation Practice groups and a member of the firm’s Executive Committee. He is a trial lawyer who has extensive first-chair litigation and trial experience. Having a background in science, Bautista has litigated numerous cases throughout the United States involving trademarks, patents, copyrights and trade secrets.