Court Rejects Expert’s Reliance on Other Celebrity Royalty Agreements to Develop Damages Analysis

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Court Case Digests
November 2, 2018

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5499 Miscellaneous Food Stores
446191 Food (Health) Supplement Stores
economic damages & lost profits
intellectual property, royalty agreements, expert testimony, economic damages & lost profits, license agreement, misappropriation of likeness
Olive v. General Nutrition Centers
2018 Cal. App. LEXIS 998
US
State Court
California
Court of Appeal
Weston Anson, Leonard Lyons (plaintiff); unknown (defendant)
Micon

Summary

In IP case, appeals court upholds exclusion of expert testimony; one expert’s damages analysis was based on speculative assumptions as to link between increase in defendant’s revenue and infringement; second expert’s analysis was inadmissible, hinging on first expert’s unreliable opinion.

See Also

Olive v. General Nutrition Centers

Full Text of Court Cases
November 2, 2018

In IP case, appeals court upholds exclusion of expert testimony; one expert’s damages analysis was based on speculative assumptions as to link between increase in defendant’s revenue and infringement; second expert’s analysis was inadmissible, hinging on first expert’s unreliable opinion.