The continuing evolution of the communications and media industries – broadcast, broadband, cellular, and print – has changed both the law and economics governing content ownership and use. Our work in these intellectual property matters is divided into allegations of copyright or trademark infringement and rulemaking proceedings.
Copyright or Trademark Infringement
We specialize in helping clients address issues related to valuation, branding, trademark and copyright, and piracy. In cases where the behavior, perceptions, or purchasing decisions of consumers are at issue, we are frequently retained to design surveys to measure the incidence of confusion or potential confusion among various logos, trademarks, or other brand identifiers. Our work has included issues such as:
- Quantifying profits to be disgorged, assuming liability
- Estimating the amount of profit that reasonably can be attributed to an unauthorized use or infringement
- Examining industry licensing practices and rebranding costs
We support clients in the strategic and economic assessment of market decisions with respect to rulemaking proceedings. In the auction of broadcast spectrum, for example, our experts have offered insights into the implications of the Federal Communications Commission (FCC) rulemaking processes to adopt service rules for the spectrum and limit the amount of spectrum that a single carrier can hold in a market. We draw on affiliated experts with leadership experience with the FCC, and many others who have submitted testimony and testified at trial, at deposition, and before numerous organizations and agencies, including the FCC, Federal Trade Commission (FTC), Department of Justice, and congressional committees.
Fishman Transducers, Inc. v. Stephen Paul d/b/a Esteban, et al.
Lost in the Clouds: The Impact of Copyright Scope on Investment in Cloud Computing VenturesWhite Paper, November 2012
The Music Streaming Industry in the U.S. and EU: The Effects of the 2007 Copyright Royalty Board Decision on Venture Capital InvestmentWhite Paper, June 2013