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Celebrity poses and gestures as protected trademarks

Celebrities are famous for being poseurs, but can their body movements be protected as a trademark, subject to damages for infringement?

Bieber sells music rights; what are the value drivers?

Singer Justin Bieber has sold his music rights for around $200 million, according to various reports.

Values of tech brands have nosedived, per new study

Shifting consumer demand patterns and inflation have taken their toll on the world’s most valuable brands, particularly in the tech sector.

Lack of quantifiable damages dooms IP complaint

In a California case concerning intellectual property (IP), the defendant asked the court to dismiss the plaintiff’s complaint alleging violations of the state’s Unfair Competition Law (UCL) and asking for damages.

U.S. District Court Grants in Part and Denies in Part Motions of Dismissal by Company Against Blockchain Researcher

The defendant, CasperLabs LLC, in this trademark dispute in U.S. District Court (California) moved for dismissal of eight causes of action from the plaintiff Vlad Zamfir’s (Zamfir) second amended complaint. The actions dealt primarily with trademark infringement and alleged damages therefrom. The actions also included allegations of fraud and misrepresentation under California law. After analysis of each of the actions, the court granted dismissal of some of the actions and denied dismissal of some of the actions.

Zamfir v. CasperLabs, LLC

The defendant, CasperLabs LLC, in this trademark dispute in U.S. District Court (California) moved for dismissal of eight causes of action from the plaintiff Vlad Zamfir’s (Zamfir) second amended complaint. The actions dealt primarily with trademark infringement and alleged damages therefrom. The actions also included allegations of fraud and misrepresentation under California law. After analysis of each of the actions, the court granted dismissal of some of the actions and denied dismissal of some of the actions.

Latest Inside Look at the ktMINE Royalty Rate Database

“Understand your data” is one of the main tenets of the valuation profession. Brett Schoell gives an up-to-date look at the ktMINE royalty rate database and answers some questions. He is the product lead for ktMINE’s suite of applications, and he supports ktMINE’s transfer pricing and valuation customers.

Paper explores IPP investments in the US

An interesting paper examines the types of intellectual property products (IPP) capital employed by various sectors as measured in the National Income and Product Accounts (NIPAs) by the Bureau of Economic Analysis (BEA).

Expert’s testimony excluded regarding licensing tattoos to video games

In a copyright infringement case in federal court in Ohio, a tattoo artist sued a video game company for depicting NBA players adorned with his copyrighted tattoos.

Calculating Infringement Damages (A BVR Workshop)

In 2019, the AICPA published the latest guide on calculating intellectual property (IP) infringement damages. Chaffe’s IP professionals will discuss a how-to of best practices for valuing IP for infringement purposes, including walking through a case study.

U.S. District Court Excludes Testimony Speculating What Is in People’s Minds and Certain Legal Determinations

The defendants in this case regarding licensing of tattoo designs for a video game moved to exclude the testimony of the plaintiff’s expert regarding a “Market Opinion.” The motion was granted in part and denied in part by the court.

Hayden v. 2k Games, Inc.

The defendants in this case regarding licensing of tattoo designs for a video game moved to exclude the testimony of the plaintiff’s expert regarding a “Market Opinion.” The motion was granted in part and denied in part by the court.

Corona is still the most valuable beer brand, per Brand Finance study

Corona has retained the No. 1 spot on the list of the world’s most valuable beer brands, according to “Beers 50 2022,” an annual report from Brand Finance.

An Actual Brand Valuation Report a Court Rejected as ‘Speculative’

Text (redacted) of a valuation report for the brand name of a local hotel and resort used in a dissenting shareholder case. Can you spot why the court rejected the valuation as being too speculative?

Paper investigates patent valuation methods

A new paper investigates the underlying knowledge structure and the evolution of patent valuation methods under two main topics: quantitative and qualitative.

Keys to Using a Royalty Database

Follow along as we review the detailed processes ktMINE uses in order to mine and curate the public domain into the most robust transactions database on the market. We will discuss ktMINE's data sources, how the information is analyzed, and specific questions a practitioner may need to solve. Anyone who is interested in learning how to leverage a transactions database to execute effective valuations will benefit from attending.

Best Practices In Developing Intangible Asset Valuations and Asset-based Approach Business Valuations (A BVR Workshop)

Most analysts are familiar with applying the income approach and the market approach to going-concern business valuation. While most valuation professionals may be familiar with applying the asset-based approach to valuing investment holding companies, many are generally not familiar with applying the asset-based approach to valuing going-concern businesses. One reason for this is most analysts are not familiar with the principles of tangible property and intangible property valuation. While some analysts are familiar with applying ...

IP damages expert Bania testifies in Johnny Depp-Amber Heard trial

One of BVR’s authors, Douglas Bania, testified that ex-wife Amber Heard’s allegations of abuse damaged Johnny Depp’s image.

Twitter’s brand value soared prior to Musk’s bid

The brand value of Twitter increased by 85% to US$5.7 billion this year, even before the takeover attempt by Elon Musk, according to an analysis by Brand Finance.

ABCs of Intangible Asset Valuation

Do you know the ABCs of intangible asset valuation? Join Nene Glenn Gianfala to dive into the Approaches used to value intangible assets. Next, tackle the Background, importance, and hot topics of intangible assets. Lastly, bring it all together with a Case study on how to determine the value of goodwill and other intangible assets in a business combination. Get solid with the fundamentals, so you can confidently tackle your next IP engagement.

Magistrate Judge Recommends That the Plaintiff’s Motion to Exclude the Defendant’s Experts Be Denied and That the Defendant’s Motion to Exclude Plaintiff’s Experts Be Granted in Part and Denied in Part

In this trademark infringement case before a U.S. magistrate judge, the magistrate recommended to the District Court whether certain experts should be allowed to testify. The recommendations were for granting or denying motions of both parties to exclude testimony of the other party’s experts. The magistrate reviewed not only the qualifications of each of the experts, but also the subject of their testimony and opinions and whether they are appropriate and helpful to the court in resolving the issues. In the end, the magistrate recommended to deny the plaintiff’s motion to exclude the defendant’s experts and the defendant’s motion to exclude the plaintiff’s experts be granted in part and denied in part.

Therapeutics MD, Inc. v. Evofem Biosciences, Inc.

In this trademark infringement case before a U.S. magistrate judge, the magistrate recommended to the District Court whether certain experts should be allowed to testify. The recommendations were for granting or denying motions of both parties to exclude testimony of the other party’s experts. The magistrate reviewed not only the qualifications of each of the experts, but also the subject of their testimony and opinions and whether they are appropriate and helpful to the court in resolving the issues. In the end, the magistrate recommended to deny the plaintiff’s motion to exclude the defendant’s experts and the defendant’s motion to exclude the plaintiff’s experts be granted in part and denied in part.

Trademark values and useful lives for bikes

The average royalty rate for the trademarks of bikes is 3.8%, according to data from MARKABLES.

‘Key players’ in valuing IP per QYResearch

QYResearch has published a research report on the global market for valuation services for intangible assets.

Damages expert dodges exclusion bullet

In a patent infringement case in Tennessee, the defendants filed a motion to exclude the testimony of the damages expert for the plaintiffs.

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