Online and print media research
For every project we undertake a comprehensive review of print media and online research sources of information. With access to periodicals dating back to the 1970s and encompassing hundreds of millions of articles, trade journal / industry reports and professional / scholarly articles, we are able to find uses of a mark that often are missed by even the best legal librarians and trademark research firms. By reviewing the search strategy used by examining attorneys at the USPTO or following a web site’s changes over time (through the “Wayback Machine”) we can identify and challenge positions advocated by opposing counsel. We leave no stone unturned in our pursuit of reliable, credible and verifiable information.
Production of an Expert’s Report
When all the research has been completed and after you have had sufficient time to review the results, Illuminor is normally asked to prepare an Expert’s Report. The reports follow a consistent format, beginning with an overview of the matter and a summary of the findings from the research. This section is followed with a comprehensive discussion of our background and experiences. Next you will find a factual description of the steps taken and the research that was complete. The following section is a factual analysis of the research results. Finally, the report will contain an analysis of the findings and opinions that were drawn.
Validation and Verification
All too often attorneys present to the court screenshots of web sites or printouts from the USPTO web site, only to find that those documents were either discounted or completely dismissed by the court because no effort was undertaken to validate that the goods or services presented in the screenshots or printouts were currently in use. That is where Illuminor can help. As part of our research we can contact the web site owner or trademark owner to determine if the mark is still used in the same manner. At times, and through working with our clients, we also will make purchases of products so as to confirm that the product is available for sale in the US.
Testimony
Whether it is a deposition or courtroom testimony, we have experience with both. We are available to work with you for both preparation and actual testimony sessions as needed for your matter.
Field site visits
There are times when it is necessary to actually show to the court what is “going on” in the brick-and-mortar market place. For instance, perhaps your client’s product is only sold at “big box” retailers such as Wal-mart or Costco and the challenger’s mark is only sold online through their web site. Perhaps both products are sold in the same store but in completely different departments. In those instances it may be helpful to have field site visits selected where photographs and measurements can be taken to better present to the court exactly what the customer will encounter when shopping. Although Illuminor does not engage in field site visits for most of its projects, there are times when nothing is better for presenting to the court than actual photographs showing the marks in use.