Doug Bania testifies at trial and helps defendants prove $0 in damages

Doug Bania testifies at trial and helps defendants prove $0 in damages

Doug Bania testifies at trial and helps defendants prove $0 in damages

The Plaintiffs sought damages against the Defendants of “at least $1,900,000, constituting lost profits in the amount of $1,154,385, out-of-pocket mitigation expenses of $299,600, and statutory interest of $477,863. In addition, Plaintiffs claimed additional damages of “$400,000-$500,000” that they claimed would be necessary for them to hire an outside digital marketing firm “to assist in regaining its online presence.” Plaintiffs claimed entitlement to treble their actual damages in accordance with G.L c. 93A. Thus, in total, Plaintiffs sought in this case damages approaching $7 million, plus attorneys’ fees and costs. 

The judge ruled “on the breach of contract claim, I award no damages. There was no bar to using “Unbreakable” in metadata or as a biddable term in Google keyword searches or in the title of and item.

2022 NACVA Business Valuation & Financial Litigation Super Conference

2022 NACVA Business Valuation & Financial Litigation Super Conference

Nevium’s Doug Bania and Edgar Bustillos present at NACVA and the CTI’s 2022 Business Valuation and Financial Litigation Hybrid and Virtual Super Conference – August 17-19, 2022. Websites are the New Corner Stores, and Foot Traffic is Search and Social Media. As more business activity occurs online and through social media, valuation analysts unfamiliar with these tools may find themselves left behind.

Click the link below for the presentation:

https://nevium.com/wp-content/uploads/2022/08/BVR-Nevium-Internet-and-Social-Media-Analytic-Tools-For-Valuation-and-Damages-Calculations.pdf

Doug Bania Panel presentation at the Spring 2022 INTA Annual Meeting

Founding Principal Doug Bania spoke on panels at the 2022 International Trademark Association  (INTA) Annual Meeting, the world’s premier intellectual property conference at the end of April.

Doug’s discussion on the panel “Right of Publicity: The Life and Times of a Professional Football (Soccer) Player” focused on the life of a fictional female soccer player from high school through college, the World Cup, eventually her professional soccer career, and then into her post-career life and death. Topics covered included basic publicity rights and emerging issues (i.e., NFTs, fantasy leagues, sports betting), the liability and damages associated with misuse of name and likeness and rights of publicity, First Amendment issues and international publicity rights. You can read the article wrap-up here.

Nevium Founding Principal Selected to Multiple INTA Committees

Doug Bania was appointed to the INTA 2022 – 2023 Right of Publicity (ROP) Committee. The ROP Committee develops and advocates policy on the right of publicity. The Committee monitors and analyzes developments in treaties, case law, legislation, and implementation in various jurisdictions, and proposes policy recommendations to the Board. Committee work includes writing reports and submissions, interacting with ROP organizations, and advocacy in conjunction with relevant committees and staff.

Bania was also appointed to the INTA 2022 – 2023 Influencers, Right of Publicity Subcommittee. The Influencers subcommittee will focus on influencer marketing and how leading influencers are becoming brands in their own right. The committee will explore case law, legislation, and implementation in various jurisdictions, and proposes policy recommendations to the Board.

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