IPmetrics LLC monitors legal developments regarding the enforcement of intellectual property rights. The following are recent and significant cases of particular interest:
- Case Study: Economic Damages and Profit Apportionment. This case study examines several key points of a trademark damages expert report review and rebuttal where the significance of a suitable apportionment of profits attributable to the infringed IP is highlighted.
- The Ninth Circuit Court of Appeals issued a poignant opinion on Thursday July 22, 2010 in the long legal battle between Mattel Inc. and MGA Entertainment Inc. over the ownership of the Bratz dolls, reversing the $10 million jury award in Mattel's favor, as well as the transfer of MGA's Bratz-related intellectual property to Mattel. The opinon by Judge Kozinski made important points regarding employment law, copyright protection, and equitable damages in trademark infringement. In conclusion, the opinion states that, because several of the errors the Federal Appeals Court identified appeared in the jury instructions, "...it’s likely that a significant portion—if not all—of the jury verdict and damage award should be vacated, and the entire case will probably need to be retried.” Read More...
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