Category Archive: Lost Earnings

Aug 13

$26 Million Settlement to Hollywood Filmmakers Over Home Video Royalties

The $26 million settlement between Universal City Studios and a class of Hollywood filmmakers has been tentatively approved.  The filmmakers believed they had been underpaid based on miscalculated royalties associated with profits from home-video sales. Unfortunately underpayment of royalties is all too common and many fail to properly manage their agreements.  One critical tool against …

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Permanent link to this article: http://betweenthenumbers.net/2015/08/26-million-settlement-to-hollywood-filmmakers-over-home-video-royalties/

Mar 31

VC Firm Wins Gender Based Failure to Promote / Wrongful Termination Case

Last week a half male/half female jury determined that Kleiner Perkins Caufield & Byers (“Kleiner Perkins”), one of the country’s most prominent venture capital (“VC”) firms, did not discriminate against junior partner Ellen Pao (“Pao”). Pao was seeking $16 million in economic damages in addition to punitive damages to compensate for the alleged inequitable promotion …

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Permanent link to this article: http://betweenthenumbers.net/2015/03/vc-firm-wins-gender-based-failure-to-promote-wrongful-termination-case/

Dec 23

New Rules For Patent Royalties?

Royalty arrangements within patent licenses have long been constrained by an almost 50 year old Supreme Court decision in Brulotte v. Thys Co that prevents collection of royalties after a patent has expired. The Justices have now agreed to revisit the precedent set by that often-criticized ruling in a current case, Kimble v. Marvel Enterprises, …

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Permanent link to this article: http://betweenthenumbers.net/2014/12/new-rules-for-patent-royalties/

May 14

New Federal Option to Fight Trade Secret Theft

A bipartisan bill by U.S. Senators Chris Coons and Orrin Hatch called the Defend Trade Secrets Act was recently introduced to build on the Economic Espionage Act of 1996 and create a federal private right-of-action for theft of corporate trade secrets, providing the same federal protections available for patents, trademarks, and copyrights. The bill’s sponsors estimate …

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Permanent link to this article: http://betweenthenumbers.net/2014/05/new-federal-option-to-fight-trade-secret-theft/

Apr 03

Non-competitor can get false advertising damages

In Lexmark Int’l, Inc. v. Static Control Components, Inc., (U.S., No. 12-873, 3/25/14), the U.S. Supreme Court recently determined that a company can assert a false advertising claim against a non-competitor under Section 43(a) of the Lanham Act if it can “show economic or reputational injury flowing directly from the deception wrought by the defendant’s …

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Permanent link to this article: http://betweenthenumbers.net/2014/04/non-competitor-can-get-false-advertising-damages/

Feb 07

Is Uber a Connectivity App or an Employer?

Uber identifies itself as a tech company which developed an app to connect livery car drivers with a network of registered users in need of rides.  Whenever a connection is made and a service is provided, Uber collects a 20% fee. However, some fail to see the difference between Uber and a cab company in …

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Permanent link to this article: http://betweenthenumbers.net/2014/02/is-uber-a-connectivity-app-or-an-employer/

Dec 31

An example of a proper expert exclusion under Daubert

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In an unpublished opinion in re: Craig Moore vs. International Paint, L.L.C., (No. 13-30281, November 15, 2013) the Fifth Circuit upheld the District Court’s exclusion of an expert witness and the related Summary Judgment Order. The case provides a worthwhile primer on when a Daubert motion should be successful. Too often, judges go beyond the …

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Permanent link to this article: http://betweenthenumbers.net/2013/12/an-example-of-a-proper-expert-exclusion-under-daubert/

Dec 27

Use an independent service to help protect against California’s new $10,000 penalty for whistleblowers

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Employees have protection as whistleblowers from a wide variety of federal and state laws. Effective January 1, 2014, California added SB 486 to this list of legal protections. The new California law broadens an employee’s right to pursue legal action if retaliated against for reporting suspected wrongdoing. Perhaps most importantly, the law creates a civil …

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Permanent link to this article: http://betweenthenumbers.net/2013/12/use-an-independent-service-to-help-protect-against-californias-new-10000-penalty-for-whistleblowers/

Nov 05

1 inch is NOT worth $773 million in revenue

Earlier this year, an MSN Money article about Southwest suggested that by reducing legroom one inch at every seat on every aircraft Southwest flies, the airline will generate approximately $773 million more in top-line revenue. Apparently, reducing each aircraft’s seat pitch, otherwise called legroom, by one inch allows Southwest to install an additional aisle of seats, …

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Permanent link to this article: http://betweenthenumbers.net/2013/11/1-inch-is-not-worth-773-million-in-revenue/

Oct 21

Bottega Veneta successfully trademarks it’s signature design element

The Trademark Trial and Appeal Board (“TTAB”) has ruled in re: Bottega Veneta International S.a.r.l., no. 77219184 (TTAB Oct. 4, 2013) that protection is appropriate for Bottega Veneta’s signature “weave design, described as a: “configuration of slim, uniformly-sized strips of leather, ranging from 8 to 12 millimeters in width, interlaced to form a repeating plain or …

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Permanent link to this article: http://betweenthenumbers.net/2013/10/bottega-veneta-successfully-trademarks-its-signature-design-element/

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