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.
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Trademark and Trade Dress Infringement | Surveys | Misleading and Deceptive Advertising | Licensing | Commercial Reasonableness | Merchandising
Ms. Harper has provided litigation consultation and expert witness services since 2005. On behalf of Plaintiffs and Defendants (60%/40% respectively), more than 100 law firms have engaged her to provide 70+ surveys, 80+ reports, 30+ rebuttals, 45+ depositions, and testify in 20+ trials.
Ms. Harper has provided courtroom testimony in cases involving Trademark Infringement, Trade Dress Infringement, Patent Infringement, Misleading and False Advertising, Licensing, Defamation, Commercial Reasonableness, Breach of Contract / Performance, and Personal Injury.
Ms. Harper has extensive experience and a deep understanding of survey design, sampling, question construction, data analysis, and methodological pitfalls that introduce bias or systematic error.
Headquartered in Dallas, TX, Ms. Harper has provided litigation consulting and research services in virtually every Circuit as well as JAMS and TTAB.