Black & Decker Loses Out On $54M Trademark Verdict Due To Expert’s Flawed Survey

Mealey's (September 14, 2017, 10:49 AM EDT) -- CHICAGO — Two companies got a $54 million trademark infringement verdict against them tossed Sept. 11 when an Illinois federal judge granted them a new trial based on the unreliability and irrelevance of expert testimony regarding the likelihood of consumer confusion about the products at issue, which the judge said probably “unfairly influenced the jury’s verdict” (The Black & Decker Corporation, et al. v. Positec USA Inc., et al., No. 11-cv-5426, N.D. Ill., 2017 U.S. Dist. LEXIS 147463)....