Damages Expert May Only Assume Facts in Evidence
Court strikes expert’s “lost asset value” theory of damages for trademark infringement because it relied entirely on the plaintiff’s allegations that it lost all of its goodwill value due to the defendants’ actions, without adequate proof.
Basile Baumann Prost Cole & Assoc. v. BBP & Assoc. LLC
Court strikes expert’s “lost asset value” theory of damages for trademark infringement because it relied entirely on the plaintiff’s allegations that it lost all of its goodwill value due to the defendants’ actions, without adequate proof.
Trademark Claims Include Reasonable Royalty and Disgorgement of Profits
Plaintiff in trademark infringement case seeks lost profits and disgorgement of defendant’s profits.
Bellagio Jewelry, Inc. v. Croton Watch Company, Inc.
Plaintiff in trademark infringement case seeks lost profits and disgorgement of defendant’s profits.
Steve J. Rooney v. Skeet'r Beat'r of Southwest Florida, Inc., et al.
The Florida Court of Appeal, Second District reversed a lower court’s award of lost profits in this trademark infringement action because the lost profits calculation failed to consider factors other than the wrongful acts that may have lead to a decline ...
Oyster Software, Inc. v. Forms Processing, Inc., et al.
The U.S. District Court for the Northern District of California granted summary judgment on the issue of lost profits in this Internet trademark infringement case. Oyster’s expert reasoned that the decline in the number of hits to Oyster’s website during ...
Simon Property Group, L.P. v. mySimon, Inc.
The U.S. District Court for the Southern District of Indiana reversed a damage award for mySimon’s infringement of the “Simon” mark. The damages were determined as a percentage of mySimon’s value (determined by reference to the price CNET paid to acquire ...