PUBLICITY RIGHTS DAMAGES

Publicity Rights Damages

Name and Likeness Disputes

Many celebrities are struggling to protect their name and likeness from unlicensed and non-permitted use of their voice, name, image, signature or photograph. Once their name and likeness has been mis-used or misrepresented, there is a possibility that publicity rights damages have occurred.

The valuation of publicity rights and calculation of economic damages can vary from one celebrity to another. To arrive at a calculation of fair and reasonable damages, publicity rights experts must analyze the industry and marketplace in which the publicity rights were used, the celebrity’s endorsement history and professional accomplishments, public awareness and perception of the celebrity, and different measures of the reach and impact of the mis-use, including the total number of impressions achieved. In other words, who, where, and when need to be quantified along with the how much mis-use occurred.

With the advent of the Internet and social media, the misuse of celebrity names, images and stock photographs can be more easily detected, and more and more right of publicity litigation is being pursued. In a typical right of publicity litigation, the Plaintiff introduces large damage numbers based on the value the celebrity’s past endorsement contracts and the Defendant introduces data and information indicating the claimed mis-use had little or no impact on financial performance.

Nevium’s professionals have been retained as publicity rights damages experts in several recent lawsuits.  We have incorporated Internet and social media analytics to quantify the “how much” in right of publicity claims.  We have used Google, Facebook, Twitter, Search Engine and YouTube analytics to determine the number of impressions achieved during the damages period, or how many people actually saw the infringing use of the celebrity’s name and likeness.  Analysis of this data can provide accurate impression numbers that are used to support economic damages opinions and support other remedies such as injunctive relief and statutory or punitive damages

Publicity Rights Damages Expert Witness Experience

Colonel David Randolph Scott v. Citizen Watch Company of America, Inc., Sterling Jewelers, Inc. dba Kay Jewelers; Case No.: 17-cv-00436-NC; USDC Northern District of California San Jose Division. Right of Publicity, Expert report, 2018

The Julia Child Foundation for Gastronomy and the Culinary Arts v. Airbnb, Inc., Superior Court of the State of California for the County of Santa Barbara, Case No. 16CV02626. Right of Publicity & SEO, Expert Report & Mediation Testimony, 2016

Timed Out, Inc. vs. Crazy Horse, Inc., Superior Court of the State of California, County of San Francisco – Civic Center Courthouse, Case No. CGC-15-547904. Right of Publicity & SEO, Expert Report, 2016

Nina Pham v. Texas Health Resources, Inc., District Court of Dallas County, Texas 68th Judicial District, Cause No. DC-15-02252. Right of Publicity & SEO, Expert Report & Deposition, 2016

Mark Spitz v. New Vitality LLC, NAC Marketing Company, Superior Court of California County of Los Angeles, Case No. SC121977. Expert Consulting, 2016

Reese Witherspoon v. Sears Holdings Management and Sears Brands LLC, et al., Case No. SC120883, Superior Court of the State of California, County of Los Angeles, West District. Expert Report, 2016

Reese Witherspoon v. LNT Acquisition LLC, et al., Case No. SC120883, Superior Court of the State of California, County of Los Angeles, West District. Expert Report, 2016

Cynara Busch v. Jakov Dulcich and Sons, LLC, Sunlight International Sales, Inc. Case No. CIV 1404125, Superior Court of the State of California, County of Marin, Expert Consulting, 2015

Markwins Beauty Products, Inc. v. Krystal Ball Productions, Inc. and Fergie Duhamel, Arbitration, Pasadena, CA. Expert Report, 2015

Scott Ehredt v. Medieval Knights, LLC, JAMS Arbitration No. 1220047549, Expert Report 2015

Reese Witherspoon v. Marketing Advantages International, Inc., et al., Case No. SC120883, Superior Court of the State of California, County of Los Angeles, West District, Expert Consulting 2014

Jason Olive vs. General Nutrition Centers, Inc., Case No. BC482686, Superior Court for the State of California, County of Los Angeles. Expert Consulting, 2014

The Julia Child Foundation for Gastronomy and the Culinary Arts v. DGWB Advertising and Communications, Case No. 8:12-CV-1402SJO, United States District Court, Central District of California. Expert Report and Deposition, 2013

David Wolfe, v. Sunfood, LLC, et al.; Case No. 37-2011-00066729-CU-CO-CTL, Superior Court of the State of California for the County of San Diego. Deposition, 2013

Ricky D. Ross v. William Leonard Roberts, II; CV10-4528-PA (RZx), The United States District Court for the Central District of California, Western Division – Los Angeles. Rebuttal Opinion, 2012

John Frederick Dryer, et al. v. National Football League; 0:09-cv-02182-PAM-AJB, United States District Court, District of Minnesota. Expert Opinion, 2009

Publicity Rights Damages and Valuation Expert Consulting Experience

Using the Market Approach, used comparable celebrity licensing agreements to emphasize royalty rate, compensation structure to a Celebrity contemplating a product endorsement

Calculated impact on touring revenues and merchandise sales due to a musician leaving their band

Valued a celebrity name and likeness and celebrity licensing opportunities for estate and tax planning

Built a hypothetical name and likeness licensing agreement to mitigate the damages in a rights of publicity name and likeness dispute

Contact us to discuss your right of publicity or celebrity endorsement related issue.  The following case study and article provide more information about Right of Publicity and Celebrity Endorsement issues