There’s a New Troll in Town – ROP Trolls
First, there were patent trolls, then CONSOR was engaged on multiple occasions to help clients that were bedeviled by copyright trolls. Now, we have taken on four cases stretching from California to New York, in opposition to a small group of marauding ROP trolls.
This latest scourge in the IP wars, ROP trolls usually prey on gentleman’s clubs, spas, and bars/nightclubs, whose websites use photos of generally unknown models – – although the trolls try to capitalize on the occasional misuse of images of celebrities like CARMEN ELECTRA. The trolls then file lawsuits on behalf of the models for infringement of their ROP. They claim highly inflated fees for the models and present seven figure damages demands to the unsuspecting website or business owner.
CONSOR successfully rebuts the ROP troll’s case by establishing actual market comps for the use of these very same photos. Through extensive research we have found that the actual amount for use of similar or publicly available celebrity photos typically ranges from several hundred dollars to just a few thousand dollars, thus reducing the damages demands from the million-dollar range down to tens of thousands of dollars, or less. When presented with the facts in our damages analysis and rebuttal report, the case invariably settles without getting past the deposition stage. The ROP troll then moves on to try again in another venue.
CONSOR has been assisting clients with their intellectual property valuation, licensing, and other monetization needs for over 25 years. Whether it is for transactional or litigation purposes, CONSOR has had a successful track record in valuing and defending our clients’ intellectual property. Simply let us know how we can best serve you. To discuss your IP valuation and monetization needs, contact CONSOR at info@consor.com or (858) 454-9091.