Doug Bania, CLP Nevium Intellectual Property Solutions

Transcription

1 Nevium Intellectual Property Solutions PROFILE Doug Bania is a founding principal of Nevium Intellectual Property Solutions. A Certified Licensing Professional (CLP) with expertise in intellectual property valuation, apportionment and expert witness damages testimony. Mr. Bania specializes in analyses for copyright and trademark infringement, right of publicity, social media and Internet infringement, defamation, marketing strategy analyses and royalty rate determinations. Mr. Bania also performs valuations of trademarks, rights of publicity, domain names, Internet and social media impressions, brand assets and copyrights for financial reporting, bankruptcy and transactional due diligence. Examples of engagements led by Mr. Bania include: Provided Internet, SEO, and social media customs and practices in a trademark infringement disput in the aquatic manufacturing and services industry; Valuation of IP assets being transferred to an offshore entity, along with a fair market royalty rate assessment for a license back to the US entity; Determined copyright infringement damages by performing an apportionment analysis and lost profit calculations related to an artist s photograph used on product packaging in the apparel and accessories industries; Copyright valuation and apportionment analysis related to 10,000 educational textbooks for bankruptcy proceedings in the publishing industry; Trademark, domain name and copyright valuation for an acquisition of a 100 year old food/restaurant company in the specialty food industry; Use of Google and YouTube Analytics to assist in apportioning damages in a YouTube trademark infringement dispute in the entertainment industry; Investigation of financial damages in a plaintiff s class action lawsuit regarding the unauthorized use of names, images and likenesses of professional athletes in the professional sports industry; Development of a hypothetical license transaction in litigation to determine the market value for the use of the name, image, persona and likeness by a celebrity in the music industry; Calculation and apportionment analysis of profits achieved by apparel retailers due to alleged infringed copyrighted designs on garments in the apparel and retail industries; Managed the sale of the IP related to an 85 year old department store in a bankruptcy, including copyrights, jewelry designs, customer lists and proprietary software; and Valuation of a large trademark and copyright portfolio for the purpose of a potential sale in the seafood industry. Prior to founding Nevium, Mr. Bania managed hundreds of projects related to brands, intellectual property and the related intangible assets. He has assisted clients in intellectual property matters related to acquisitions, litigation, bankruptcy, tax, estate, family and marital disputes, and licensing. Mr. Bania s entertainment experience includes producing two award winning short films

2 Page 2 entitled: Boundaries and Passing Through. Boundaries won Best Short at Kudzu Film Festival and Method Fest, the Bronze Award at the New York Expo, and the Grand Jury Prize at the Slamdance Film Festival. EXPERT WITNESS HISTORY Unicolors, Inc. v. Urban Outfitters, Inc., dba Free People; Century 21 Department Stores, LLC, Case No. CV SJO (VBK) USDC, Central District of California, Copyright, Expert Report, 2014 Pharrell Williams, et al. v. Bridgeport Music, Inc., et al., Case No. CV JAK (AGRx), USDC, Central District of California, Western Division. Copyright, Expert Report and Deposition, 2014 Unicolors, Inc. v. Urban Outfitters, Inc., dba, Free People, Case No. 2:14- cv R- AGR, USDC, Central District of California, Copyright, Expert Report, 2014 The Pond Guy, Inc. et al. v. Aquascape Designs, Inc., et al., Case No. 2:13- cv NGE- DRG, USDC, Eastern District of Michigan. Trademark, Expert Report, Deposition and Trial, 2014 Bruce L. Lamb, dba Lamb Productions U- Tile It Videos v. Floor and Decor Outlets of America, Inc., Case No. 3:13- cv JAH- BLM, USDC, Southern District of California. Copyright, Expert Consulting, 2014 Reese Witherspoon v. Marketing Advantages International, Inc., et al., Case No. SC120883, Superior Court of the State of California, County of Los Angeles, West District. Right of Publicity, Expert Consulting, 2014 Jason Olive vs. General Nutrition Centers, Inc., Case No. BC482686, Superior Court for the State of California, County of Los Angeles. Right of Publicity; Expert Consulting, 2014 Amini Innovation Corporation vs. McFerran Home Furnishings, Inc., Case No. CV RSWL(SSx), USDC, Central District of California. Trade Dress and Copyright, Expert Report, 2014 One Beacon Insurance Company v. National Casualty Company, Case No. CV JC, USDC, Central District of California. Copyright; Expert Opinion, 2014 Star Fabrics, Inc. vs. Joyce Leslie, Inc., N.Y. Invasion Inc., Myletex International, Inc., Case No. 13- CV CAS, USDC, Central District of California Western Division. Copyright; Expert Report, 2014 Cengage Learning, Inc., et al., United States Bankruptcy Court Eastern District of New York. Copyright; Expert Opinion and Rebuttal Opinion regarding valuation of higher education textbook copyrights on behalf of the Second Lien Indenture Trustee in Chapter 11 bankruptcy cases, 2014 The Julia Child Foundation for Gastronomy and the Culinary Arts v. DGWB Advertising and Communications, Case No. 8:12- CV- 1402SJO, United States District Court, Central District of California. Right of Publicity; Expert Report and Deposition, 2013 United Fabrics International, Inc. vs. G- III Apparel Group, LTD; dba Wilsons Leather; Mcklein Company, LLC, United States District Court, Central District of California. Copyright; Expert Report, 2013 David Wolfe, v. Sunfood, LLC, et al.; Case No CU- CO- CTL, Superior Court of the State of California for the County of San Diego. Right of Publicity; Deposition, 2013 Brady Industries, LLC v. Waxie s Enterprises, Inc., 2:12- cv PMP- VCF, United States

3 Page 3 District Court, District of Nevada. Copyright; Expert Report and Deposition, 2013 Rawlings Sporting Goods Company, Inc., v. Wilson Sporting Goods, 4:12- cv , United States District Court Eastern District of Missouri. Trademark; Expert Opinion, 2013 Rebel Media, No Good Entertainment v. Jay Vir, No Good Digital; CV R- JC, United States District Court, Central District of California, Western Division. Trademark; Expert Opinion, 2013 Marona Photography, Inc. v. Los Altos Boots, Wild West Boots. 12- CV WYD- MJW, United States District Court for the District of Colorado. Copyright; Expert Report, 2012 Ricky D. Ross v. William Leonard Roberts, II; CV PA (RZx), The United States District Court for the Central District of California, Western Division Los Angeles. Right of Publicity; Rebuttal Opinion, 2012 L.A. Printex Industries, Inc. v. Macy s Retail Holdings, Inc., et al.; CV DSF (AJWx), United States District Court, Central District of California. Copyright; Expert Report, 2011 John Frederick Dryer, et al. v. National Football League; 0:09- cv PAM- AJB, United States District Court, District of Minnesota. Right of Publicity; Expert Opinion, 2009 EDUCATION & CERTIFICATION PROFESSIONAL EXPERIENCE Certified Licensing Professional (CLP); 2011 San Diego State University; Masters, Television, Film, New Media Production; 2000 San Francisco State University; Bachelor of Arts, Cinema; 1997 Marketing and Business Development Optimize websites via SEO development to drive preferred traffic Manage and analyze effectiveness of client relationships, including lead management, post- project follow up, event, and tradeshow activities Create and launch marketing campaigns, measure success and refine for better results Design and analyze marketing and promotional strategies utilizing and social media marketing tools aimed at achieving first page organic search results Film, Music, Media and Entertainment Award- winning short film producer Calculation of the cost of production and probability of success of films for new and replacement investors Analysis and forecast of box office revenues for Hollywood films, including pre- release analysis of sequels Valuation of royalty incomes received by owners of music and lyric copyrights for estate and tax transactions Calculation of lost profits related to touring and merchandising revenues due to a well- known artist who was forced out of his band Analysis and estimate of the cost to rebrand a popular television series due to trademark infringement claims Intellectual Property Licensing and Transactions Managed analysis, grouping, and sale of IP & IA, including proprietary software systems

4 Page 4 for an iconic retailer in bankruptcy, achieving proceeds of over $2 million Identified key assets and built licensing strategies for non- profits, major food brands and a comedian celebrity Managed intellectual property transactions for bankruptcy, licensing and asset acquisition Valuation of an iconic entertainment brand for acquisition by an international broadcaster Right of Publicity / Intellectual Property Litigation Managed litigation support projects involving the analysis of economic impact related to unauthorized use of names, images and likenesses of celebrities and athletes Calculated damages in litigation involving use of copyrights, celebrity and non- celebrity images, trademarks, patents and other intangible assets Calculation of touring revenues and merchandise sales due to a musician leaving their band Valued name and likeness and related intangible assets for estate purposes Built hypothetical licensing agreements to mitigate the damages in a rights of publicity name and likeness dispute Social Media / Web Analytics / Search Engine Optimization (SEO) Use of Google Analytics to determine traffic patterns and impressions for damage calculations Reverse SEO analysis to uncover website user and purchasing behavior on e- commerce sites Social media analysis to determine levels of celebrity and the value of pay- per- click keyword impressions Construct Inbound sales and Internet marketing programs for brand value maximization strategies Use of Google AdWords pay- per- click (PPC) keyword tool to determine current value of keywords and average monthly search results Review Internet focused marketing strategies and access return on marketing investment (ROMI) Familiar with Google Analytics, YouTube Analytics, Google PageRank, Google Pay Per Click, Calls- to- Action, Landing Pages, Lead Management and Forms EMPLOYMENT EXPERIENCE ASSOCIATIONS & MEMBERSHIPS Nevium Intellectual Property Solutions; San Diego, CA; 2012 present Founding Principal: Provide IP management, licensing and valuation services CONSOR Intellectual Asset Management; La Jolla, CA; Principal: Managed client- firm relations and provided expert witness services Independent Film Producer; Los Angeles, CA; Producer for two award winning short films: Boundaries and Passing Through. Licensing Executives Society (LES), San Diego Chapter Chair ( ) International Trademark Association (INTA)

5 Page 5 American Bar Association, Section of Intellectual Property Law American Bar Association, Copyright & Social Media Committee Brand Activation Association (BAA) PUBLICATIONS & PRESENTATIONS How to Calculate Damages for Internet and Social Media Infringement presented at the 36th Annual BAA/PMA Marketing Law Conference, 2014 Calculating Damages from Internet IP Infringement and Defamation presented at the Internet Law Leadership Summit, 2014 Estimating and Managing the Economic Impact of Brand Disparagement published in the World Trademark Review, 2014 SFIA Legal Task Force Series: Intellectual Property Litigation & Valuation presented to the Sports & Fitness Industry Association members, 2013 Copyright Valuation and Damages: Different Tools for Different Challenges presented to The State Bar of California, Intellectual Property Law Section, 2013 Key Concepts in Intellectual Property Valuation presented to various law firms, 2012 "Intellectual Property Valuation," presented to various law firms, 2011 Valuing Your Brand for Sale or Securitization, presented to LIMA members, 2011 Valuing the Intangible: Where to Start? The Full Family of Intellectual Property and Other Intangibles, CLE presented to various law firms, 2010 Valuation, Licensing, Damages and Expert Witnesses, CLE presented to various law firms, 2009 Brand Leverage and Valuation presented to various corporations, 2008 Deceptive Product Endorsement: Unauthorized Use of a Celebrity s Name and Likeness, published in Total Licensing Magazine, 2006