September 11th, 2013
The IPmetrics team was interviewed today on the IP Money Talk podcast on the value of intellectual property to secure funding for companies. We discussed the basics of leveraging IP as loan collateral and some of the intricacies of securitizing royalty income streams.
You can listen to the episode and share your thoughts in the comments on this blog.
August 23rd, 2013
An important element in many trademark infringement actions is the determination of any damages that have been suffered by the plaintiff. A specific approach to the expert calculation of damages is the topic of the latest article by David Drews, CLP – President of IPmetrics – published this month in Intellectual Property Today.
The article, “Reasonable Royalty Damages in Trademark Cases: A Modified Georgia-Pacific Framework for Setting Royalty Rates,” highlights how the various factors used to determine reasonable royalty compensation in patent infringement disputes can be effectively utilized in trademark / trade dress infringement litigation via appropriate alterations that take into consideration the differences between trademarks and patents.
At the federal level, once liability is proven, the Lanham Act provides for the recovery of defendant’s profits, actual damages sustained by the plaintiff and the costs of the action, subject to principles of equity.
Although US Trademark Law does not explicitly list a “reasonable royalty” as a remedy in trademark infringement matters, this award based on Patent Law as compensation for infringement damages has been recognized as an appropriate alternative in Trademark cases for decades.
This makes sense from an economic perspective since royalty rates have long been utilized as pricing and value indicators for intellectual property of all kinds, including trademarks.
However, as a reasonable royalty is not appropriate in every trademark infringement situation.
The article is available in the print and online versions of Intellectual Property Today.
June 25th, 2013
By: Fernando Torres, MSc
Previously, we wrote about the Europe-based Darts-IP intellectual property search database. This interesting service now encompasses US cases in its search universe and is set to be a valuable tool for in-house trademark counsel, trademark attorneys, and even academic research purposes. Specifically, the USA case law database includes:
- All recent TTAB cases (precedential & non precedential) published on TTAB platform, all important precedential TTAB cases
- All relevant published and unpublished cases since 2002, all relevant published cases prior to 2002
As far as the patent side of the equation, the resources there include:
Patent – USA – Case law database
- All recent BPAI cases (precedential & non precedential) published on BPAI platform, all important precedential BPAI cases are being collected
- All relevant published and unpublished cases since 2002, all published cases prior to 2002.
Seems like a powerful place to research, so here’s the link: http://www.darts-ip.com/world/.