Doug Bania

Book Chapter: Using Internet Analytic Tools for Valuation and Damages Calculations in Internet IP Infringement and Defamation Cases. Use of the Internet and social media has become an increasingly essential element of conducting business in the United States and globally, which in turn raises new issues for calculating damages and performing valuations.

This chapter describes the ways in which Internet and social media analytics can be used to accurately measure and quantify the spread,… Show more

Book Chapter: Using Internet Analytic Tools for Valuation and Damages Calculations in Internet IP Infringement and Defamation Cases. Use of the Internet and social media has become an increasingly essential element of conducting business in the United States and globally, which in turn raises new issues for calculating damages and performing valuations.

This chapter describes the ways in which Internet and social media analytics can be used to accurately measure and quantify the spread, awareness, and impact of IP misuse. In doing so, it explores the overlap between Internet and social media analysis and intellectual property analysis and provides examples showing the use of this data as part of traditional valuation and damages analyses. Show less

Using data collected by the author's firm as consultants in the recent ‘Blurred Lines’ case, in which the family of Marvin Gaye, Jr accused Pharrell Williams, Robin Thicke and Clifford Harris, Jr of infringing musical elements of Gaye's ‘Got to Give It Up’, this article addresses the relatively neglected issue of the apportionment of value that is directly attributable to an intellectual property asset.

Celebrities are struggling to protect their names and likenesses from unlicensed usage of their voices, names, signatures and photographs. Once their names and likenesses have been misrepresented, there is a possibility that damage has occurred. The estimation of damages and arrival at
an appropriate measure of fair market value for usage of the intellectual property varies greatly from one celebrity to another, depending on industry, marketplace, the celebrity’s endorsement history… Show more

Celebrities are struggling to protect their names and likenesses from unlicensed usage of their voices, names, signatures and photographs. Once their names and likenesses have been misrepresented, there is a possibility that damage has occurred. The estimation of damages and arrival at
an appropriate measure of fair market value for usage of the intellectual property varies greatly from one celebrity to another, depending on industry, marketplace, the celebrity’s endorsement history, professional accomplishments and public image. Show less