We are regularly asked to evaluate damages from copyright, trademark, and trade dress infringement on behalf of both plaintiffs and defendants. Our analyses combine our expertise in accounting, finance, and valuation with common sense approaches to considering issues of apportionment and allocation of profits to these types of intellectual properties. We are mindful of causation issues and are experienced in evaluating assertions of consumer confusion and the nexus to trademark and trade dress damages. We are well-versed in the damages case law and how precedents may change between the circuit courts. Our analyses in these types of matters include lost profits, unjust enrichment, royalty evaluations, analysis of brand dilution, and consideration of, or rebuttal to, assertions of confusion.
We are retained on behalf of software developers to evaluate damages from alleged copyright infringement included in software code. These engagements have included analyses related to the alleged infringement of copyrighted protocols and alleged violations of agreements through the distribution of software without proper authorization. In many instances, we determine the amount that would be due for the unlicensed use of applications that have been improperly incorporated into larger software products.
Publishing Copyrights and Images
We are retained on behalf of authors, photographers, as well as publishers and other entities to evaluate the damages from unauthorized use of copyrighted works or images. Our work in these assignments includes assessments of claims for compensation for allegedly inappropriate uses of images in advertising or promotional materials and damages claimed by authors from unauthorized publications of their works.
We are asked to measure damages from alleged infringement of many well-known business trademarks. We have worked on behalf of numerous smaller entities in disputes over trademark usage and geographic limitations of the use of these trademarks and regularly consider diminution of brand value as a measure of damages in these cases.
We are asked to evaluate damages from alleged inappropriate use of apparel trademarks. We have worked on behalf of other apparel manufacturers in matters related to inappropriate branding on websites, counterfeit goods, and other unauthorized use of trademarks. Additionally, we evaluate the underlying calculations and support for consumer confusion and provide rebuttal to alleged connections between damages claimed and the asserted infringement.
We are asked to analyze damages resulting from allegations of false advertising. These analyses have included determinations of lost profits and calculating unjust enrichment. Our analyses often rely upon comparisons of market activity and profits between, before, and after the alleged false advertising commenced.
Experienced experts and consultants for challenging problems.