Litigators often reach for doctrines such as res judicata or collateral estoppel to narrow the scope of a case. Res judicata prevents re-litigation of the same claim that was litigated in a prior case. Collateral estoppel prevents re-litigation of the same issue that was decided in a prior case.
EIGHT YEARS AGO Congress decided that the existing means for awarding damages for trademark infringement were not deterring this illegal practice and decided to supplement these measures with statutory damages-a specific range that a court could award even in the absence of proof of a plaintiff's losses or the defendant's profits.
In the last 10 years, the 9th U.S. Circuit Court of Appeals has decided two cases involving naked licensing: Barcamerica International v. Tyfield Importers (9th Cir. 2002) 289 F.3d 589, and Freecyclesunnyvale v. The Freecycle Network (9th Cir. 2010) 626 F.3d 509.
Eight years ago Congress decided that the existing measures of damages for trademark infringement were not deterring trademark infringement. It decided to supplement these measures with statutory damages - a specific range of damages which a court could award even in the absence of proof about plaintiff's losses or defendant's profits.
The Hewlett Packard pretexting scandal received widespread publicity. There were two main legal aspects. First, there is the criminal case filed against Ms. Patricia Dunn· (former Chairperson of the Board), a senior Hewlett Packard lawyer and several private investigators.
The Hewlett Packard pretexting scandal received widespread publicity. While a criminal case is pending and there may be spin off litigation, the deal Hewlett Packard made with the California Attorney General is inked and done.
Gabriele Goldaper has over 45 years experience in the Fashion, Garment, Textile Industry, as a retailer, manufacturer, consultant, and college instructor. Ms. Goldaper is a perceptive and articulate Expert Witness who has been involved in more than150+ Apparel Industry Legal Disputes. She has been deposed and testified in bench and jury trials and arbitrations, for both defendants and plaintiffs.
Ms. Goldaper has owned her own clothing manufacturing company and has held key executive positions in major public and private companies in Southern California. She has been a Management Consultant to over 200 new, failing or growing apparel companies, and completed assignments for USAID in Romania, Egypt, El Salvador, Moscow, Thailand and Bulgaria as an apparel expert.
Ms. Goldaper is a 30-year member of the faculty at the Fashion Institute of Design and Merchandising.
Areas of Expertise Include:
Copyright Infringement and Trademark Cases
Opinions on Originality and Substantial Similarity
Fabric/Print Design, and Origin Issues
Garment Construction and Design issues
Customs, Practices and Operations of Clothing Business
Financial Conditions, Valuations and Financial Matters
Issues with Manufacturing Contractors/Factories: Domestic and Off-Shore
Wholesale Distribution to Retailers and Internet Sales
Quality Standards/Specifications used in Production of Garments