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.
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.
Doug Bania worked with the Brown Rudnick litigation team who won a $15M jury verdict for Johnny Depp in his defamation trial against his ex-wife Amber Heard.
Mr. Bania brought internet and social media analytics into the courtroom as the facts that formed his opinions.
Doug Bania provided a webinar entitled “Internet Tools for Intellectual Property Analysis” for the Certified Patent Valuation Analyst (CPVA) designation. The CPVA requires successfully completing courses related to valuation of emerging technologies, negotiating licensing agreements for maximum returns, advanced patent valuation and calculating damages resulting from patent infringement.
To purchase our webinar as a step in becoming a CPVA, please click here.
Doug Bania spoke at USD School of Law to a trademark litigation class. The advanced trademark class provides students with the skills necessary to become successful trademark litigators. Doug spoke about how attorneys work with damages experts and the Internet and social media analytic tools used by experts to gather facts.
