Nathan experts have substantial experience in providing expert analysis and testimony in cases and projects involving copyrighted material. The cases listed below are representative of the past engagements of the firm.
American Society of Composers, Authors, and Publishers, Economic and Survey Research
Managing Economist Paul Bourquin updates and monitors sample surveys of musical performances on a wide variety of broadcast media (commercial television and radio, pay and cable television services, public radio and television, etc.) used by ASCAP as a basis for royalty distribution to music writers and publishers.
Mr. Bourquin conducts research projects to improve sample surveys and to design samples and surveys of newly licensed media.
Attachmate Corporation v. Department of Defence and Commonwealth of Australia
Senior Vice President Michael Dansky provided multiple expert reports in a copyright infringement case under the jurisdiction of the courts in Australia on plaintiff’s damages arising from a license agreement dispute and the defendant’s use of plaintiff’s copyright protected software. Per Australian court rules, Mr. Dansky mediated damages and related transaction issues with defendant’s expert and wrote the joint report presented to the presiding judge.
Bogart, LLC v. Plummers, Inc., Scandinavian Designs, Inc., and Dania, Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendants concerning damages stemming from alleged trademark infringement and unauthorized use of personal likeness related to retail sales of furniture.
Bryan Callan v. Christian Audigier, Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendant/counterplaintiff. Dr. Mangum estimated damages associated with claims of breach of contract, copyright infringement, and unfair competition regarding use of art related to fashion clothing.
Rosa Cordova v. Bazaar Del Mundo, Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendant in a matter involving the alleged unauthorized use of likeness in retail merchandise and restaurant advertising. Dr. Mangum determined total accused sales, identified appropriate cost deductions in relation to accused acts, and calculated profits.
C&A Marketing, Inc. v. GoPro, Inc.
Senior Vice President Michael Dansky provided an expert report and deposition testimony for the defendant-counterclaimant regarding the actual damages suffered by the copyright owner related to the alleged infringer’s unauthorized use of copyrighted images.
John DeSalvo and Donna DeCianni v. Buca Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the plaintiff in a matter involving the trademark and copyright infringement and unauthorized use of likeness related to national restaurant advertising. Dr. Mangum determined total accused sales and identified appropriate cost deductions in relation to accused acts.
Lions Gate Entertainment Corp. v. Carter’s, Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the plaintiff. Dr. Mangum estimated lost royalty revenue and unjust enrichment related to allegations of copyright infringement involving children’s clothing.
Iconics, Inc. v. Simone Massaro et al
Senior Vice President Brad Kullberg provided an expert report and deposition testimony for the defendant. Mr. Kullberg estimated the plaintiff’s actual damages and the defendant’s disgorged profits related to the alleged use of the plaintiff’s copyrighted SCADA software.
Measuring Piracy for the RIAA, Economic and Survey Research
Piracy occurs in the music industry through illegal duplication and distribution of sound recordings from the unauthorized manufacture and selling of CDs on the street to the illegal uploading of sound recordings to Internet sites. The Recording Industry Association of America (RIAA) asked Nathan Associates to estimate the volume of piracy in the United States. Managing Economist Paul Bourquin along with a colleague developed and implemented a methodology to measure music piracy for physical and electronic products, in terms of units and dollars.
Pure Design, Inc. v. Simply Fashion Stores, Ltd.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendant. Dr. Mangum estimated lost profits and evaluated claims of price erosion related to alleged infringement of a copyright to clothing design.
Gary K. Wolf and Cry Wolf! Inc. v. Walt Disney Pictures and Television
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendant. Dr. Mangum estimated economic value of the use of certain fanciful characters appearance and likeness in theme parks.