Expert Witness Affidavit

An Expert Witness Affidavit is a sworn written statement by a qualified expert providing opinion testimony on a technical or specialized issue in a legal case. In a trademark infringement case, an expert witness may be used to testify about the likelihood of confusion between the marks, the strength or distinctiveness of the marks, the sophistication of the relevant consumers, or the economic harm caused by the infringement. The expert’s affidavit typically includes their qualifications, the materials they reviewed, the methods they used, and their conclusions and opinions. Expert witness affidavits are often submitted to support or oppose motions for summary judgment or to provide evidence at trial. They can be powerful tools to persuade the court but are also subject to challenge and cross-examination by the opposing party.