Chambers Expert Focus Podcast: “Survey Says? Using Apportionment Surveys in Defense of a Trade Mark Infringement”

Taft Cleveland partners JoZeff Gebolys and Phil Bautista recently recorded a Chambers Expert Focus podcast titled “Survey Says? Using Apportionment Surveys in Defense 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. 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.

Watch the full video here:

Or view a specific topic:

• 00:00 – Meet the Chambers Expert Focus Podcast Guest Speakers
• 02:01 – Overview of Key Terms: What do “Likelihood of Confusion Survey” and “Apportionment” mean in IP cases?
• 04:34 – Diving Deeper: Measuring the Economic Value Driven by the Alleged Confusion
• 08:24 – Sidebar: How is Apportionment Used Differently in Patent Cases vs. Copyright Cases?
• 12:17 – An Important Nuance: Economic Impact of Likelihood of Confusion Surveys on Damages
• 14:46 – Turning the Tables: How can Plaintiffs Successfully Use Apportionment as an Offense Tactic?