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We typically start a trademark valuation by identifying any other intangible assets that may be connected with that particular trademark – what we call a bundle of assets. These can include trade dress or other marketing-related intangibles, which can oftentimes be an extensive list. Once we identify the brand bundle, there are four primary methods of assuring value. These are: (1) the Market Approach, (2) the Cost Approach, (3) the Income Approach and (4) the Relief from Royalty Approach.

A celebrity’s valuation is quantified through the value of the brand built around that celebrity. Celebrity brands are typically capitalized through product endorsements, product licenses, and personal appearances. A celebrity’s brand or right of publicity can grow exponentially in value as the celebrity develops and enhances their image. This positive image is what creates a strong emotional desire to associate with celebrities, which in turn drives consumers to their products. It is not unusual for popular athletes and celebrities to be well compensated for the use of their name, image, and likeness.

Patent infringement is the unauthorized making, using, offering for sale, or selling any product which incorporates patents owned by others. There are generally two types of damages awarded in a patent infringement case: lost profits and reasonable royalty. The plaintiff may seek damages from the infringer in the form of either lost profits or a reasonable royalty, or a combination of both, as long as the remedies do not overlap.

Trademark infringement is the misappropriation of trade names, logos, trade dress, and other registered trademark assets. Trademark infringement can have a significant impact on a brand. This can come in the form of a third party using a famous trademark such as Nike and selling T-shirts under this brand.

Copyright infringement is the unauthorized use of one or more rights of the owner of a copyright work. The Copyright Act of 1976 provides for numerous remedies for copyright infringement, including injunctive relief, seizure and impoundment, and monetary damages.