Boating Service Sues over Unauthorized Trademark Use


Trademark Expert WitnessAn insurance company in California was sued for trademark infringement after choosing to feature a popular boat rescue service in their advertisements. The boating service claimed that they had not authorized the use of their distinctive colors and designs in the advertisements, and that the insurance firm had become a top provider of policies by implying they used the boating company for their service. With the success of the insurance company in question, an expert in the nuances of intellectual property was called in to opine on the case.

Question(s) For Expert Witness

  • 1. Please briefly detail your professional expertise in relation to this case.

Expert Witness Response E-007421

I have dedicated most of my professional career to the study and teaching of intellectual property and creative activity. I have authored multiple books that deal with trademarks and trademark infringement – one of these books contains an overview of trademark doctrine and how creative activity is regulated, while another examines the relationship between entrepreneurship and the law. I have previously served as an expert witness for trade secret and trademark ownership issues, while my work on intellectual property is frequently published, with many of these publications focusing exclusively on trademark laws and trademark dilution.

Expert Witness Response E-007430

My past work has included trial of trademark infringement and vessel hull design issues in the boating industry, and I have also been a testifying expert on trademark issues. The specific issue in this case,  the implied endorsement via unauthorized use of trademarks in the background of film, T.V, and advertising, is very familiar to me. I have followed the legal precedents made in these matters, and frequently advise others in similar conflicts.

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