Likelihood of confusion in the fashion industry and associated damages

We were retained by a British manufacturer of distinctive footwear claiming that a U.S. shoe company had infringed on the trademark stitching on some of its shoe products. A Brattle economist estimated damages based in part on surveys conducted at shopping malls. Using the survey data, we were able to evaluate the extent to which consumers were confused by the allegedly infringing shoes, measure lost sales, and establish the value of the trademarked stitching, a distinguishing feature of the British company’s shoes. The case settled on favorable terms for our client.