The result of the complexity of the law is multiplied by the inherent ambiguity in the law. Expensive expert witness are often essential and carry their own large price tag. Jurors not trained in this particular area, and judges rarely have an extensive background in trademark law. No lawyer can give strong assurances of prevailing, especially when the critical test is whether the two works are “substantially similar.” In addition, trademark disputes are often difficult to evaluate from a damages perspective, as it can be challenging for the parties to produce evidence of damages they seek, and even more challenging for the jury to arrive at a fair award.