Other IP Litigation
IPmetrics professionals excel in the assessment and quantification of the value of intellectual property in complex situations, which are the logical bases in IP litigation for the proper calculation of the amount of sales lost, and profits foregone. Beyond the best known types of IP litigation, patent, trademark, and copyright, moreover, our experience encompasses cases that fall under rights of publicity, unfair competition, and other types of claims.
Frequently, advertisers and other types of organizations infringe the intellectual property rights of individuals, particularly celebrities, violating their rights of publicity. IPmetrics professionals have been called upon to quantify damages in the misappropriation of the rights of publicity of various celebrities when their name, image and/or likeness has been claimed to have been used by advertisers.
Unfair competition in U.S. commercial law refers to acts by one competitor or group of competitors which harm another in the field, and which may give rise to criminal offenses and civil causes of action.
The most common actions falling under the banner of unfair competition include: matters pertaining to antitrust or competition law; trademark infringement and passing off; and, misappropriation of trade secrets, which occurs when one competitor uses espionage, bribery, or outright theft to obtain economically advantageous information in the possession of another.
In some industries, the first mover advantage can be lost immediately if trade secrets such as an upcoming change of business model, or a secret formula are disclosed to competitors. IPmetrics has experience in analyzing the facts of such cases and producing reliable expert reports that can be upheld through Daubert hearings and help support significant damages awards or settlements.