Royalty Calculation Based on Defendants’ Date of Notification of Infringement Incorrect as a Matter of Law

The court granted plaintiff’s Daubert motion to exclude the testimony of defendants’ expert because the methodology on which the expert based his report was unsound. “⁠[The expert] calculates royalties from the date the defendants were notified about the infringement. Royalties may be recovered for the entire period of the infringement. [The expert] also incorrectly asserts that [plaintiff] is not entitled to recover both royalty payments (as a damage sustained by the plaintiff) and the defendants’ profits because that would constitute double recovery. Yet that is allowed by the Lanham Act. Thus, [the expert’s] report is incorrect as a matter of law.”

Baskim Holdings, Inc. v. Two M, Inc. d/b/a Babe’s Cabaret, 2-16-cv-01898 (NVD 2018-06-08, Order) (Andrew P. Gordon)

2018-06-12T11:44:03+00:00June 12th, 2018|Docket Report, Trademark|