Kargo Global, Inc. v. Advance Magazine Publishers, Inc.

Kargo Global, Inc. v. Advance Magazine Publishers, Inc.

S.D.N.Y. (2007)

Fitzpatrick Files Successful Daubert Motions in Trademark Infringement Case for Client Condé Nast

Fitzpatrick attorneys filed successful “Daubert” motions to exclude all of plaintiff’s expert reports in a trademark infringement case for client Condé Nast.

Judge Keenan held that the survey conducted by plaintiff’s survey expert was so flawed that the risk of prejudice far outweighed any probative value. Major flaws included the survey’s failure to simulate the real world circumstances, its use of stimuli that did not fairly characterize the products/services at issue, and its use of leading methodology and questions.

Judge Keenan also excluded testimony from the damages experts because, without any admissible evidence of confusion, the damages testimony was irrelevant and inadmissible.