Quantifying the Impact of Misrepresented US Origin Under the Lanham Act
Brattle was retained by counsel for a home furniture manufacturer claiming that a competitor violated the Lanham Act by falsely claiming its product was made in the USA. Working with Brattle Academic Advisor Professor Greg Allenby – the Helen C. Kurtz Chair in Marketing at The Ohio State University’s Fisher College of Business – we designed and implemented a conjoint survey to evaluate the price premium associated with the disputed claim. We also implemented a market simulation model to estimate damages. The case settled on favorable terms prior to the parties exchanging expert reports.