Оглавление
Russell L. Parr. Intellectual Property
TABLE OF CONTENTS
Guide
Pages
INTELLECTUAL PROPERTY. VALUATION, EXPLOITATION, AND INFRINGEMENT DAMAGES
ABOUT THE AUTHOR
PREFACE
CHAPTER 2A—SCANDALOUS TRADEMARKS
CHAPTER 3A—ASSEMBLED WORK FORCES ARE VALUABLE BUT MAYBE NOT THE CHIEF EXECUTIVE OFFICER
CHAPTER 16A—ROYALTY RATES FOR LICENSING, DATA SOURCES
NEW CHAPTER 16B—ROYALTY RATE PRIMER PRESENTATION
CHAPTER 27A—EXMARK ESTABLISHES NEW DAMAGES MODEL
APPENDIX C-1—FOOD & BEVERAGE INDUSTRY ROYALTY RATES AND SUPPORT FROM THE 25% RULE
NOTE
CHAPTER 2A SCANDALOUS TRADEMARKS
LANHAM ACT DISPARAGEMENT CLAUSE IS STRUCK DOWN
SOME IMMORAL AND SCANDALOUS TRADEMARKS STILL FIGHT FOR REGISTRATION
OUTSTANDING CONSTITUTIONAL SCRUTINY AND STATUTORY INTERPRETATION QUESTIONS
NOTE
CHAPTER 3A ASSEMBLED WORKFORCES ARE VALUABLE BUT MAYBE NOT THE CHIEF EXECUTIVE OFFICER
KEY PERSONNEL CAN BITE YOU IN YOUR SHARE PRICE
POOR LANGUAGE BY PAPA JOHN'S CEO COST INVESTORS 43% IN STOCK VALUE
LES MOONVES AND SEXUAL HARASSMENT CHARGES COST INVESTORS $2 BILLION
STEVE WYNN AND SEXUAL HARASSMENT CHARGES COST INVESTORS $4 BILLION
HARVEY WEINSTEIN AND TOTAL LOSS
NOTES
CHAPTER 16A ROYALTY RATES FOR LICENSING, DATA SOURCES
CHAPTER 16B ROYALTY RATE PRIMER PRESENTATION
Royalty Rate Basics
Royalty Rate Basics—Expectations
Royalty Rate Basics—Expectations
Common Royalty Structures
Running Royalty % of Sales Example:
Running Royalty per Unit Example:
Lump-Sum Royalty Payment Example:
A 5% Royalty Is Common for Many Industries
Royalty Rates for Technology, Seven Edition
Royalty Rates for Technology, Seventh Edition
Royalty Rate Guidance
Forces Driving Royalty Rates
Royalty Rate General Guidance
Royalty Rate General Guidance
Royalty Rate General Guidance
Royalty Rate General Guidance
Royalty Rate Guidance
Royalty Rates and the 25% Rule
Royalty Rates and the 25% Rule
Royalty Rates—Profit Differential Approach
Royalty Rates—Profit Differential Approach, Example
Royalty Rates—Profit Differential Approach, Example
Royalty Rates—Profit Differential Approach, Example
Royalty Rates and Naked Licenses
Royalty Rates and Naked Licenses
Royalty Rates and Patents Licenses with Know-How
Royalty Rates and Naked Licenses
Royalty Rates and Trade Secrets
Royalty Rates and Trade Secrets
Royalty Rates and Trade Secrets
Royalty Rates and Exclusivity
Royalty Rates and Exclusivity
Royalty Rates and Exclusivity
Royalty Rates and Exclusivity
Royalty Rates and Exclusivity
Royalty Rates and Exclusivity
Royalty Rates and Exclusivity, Example
Royalty Rates and Exclusivity, Example
Royalty Rates and Minimums
Royalty Rates and Minimums
Royalty Rates and Minimums
Royalty Rates and License Fees
Royalty Rates and License Fees
Royalty Rates and License Fees
Royalty Rates and Comparable Licenses
Royalty Rates and Comparable Licenses
Royalty Rates and Comparable Licenses
Royalty Rates and Comparable Licenses
Royalty Rates and Comparable Licenses
WHAT HAVE WE LEARNED?
CHAPTER 27A EXMARK ESTABLISHES NEW DAMAGES MODEL
EMV AND REASONABLE ROYALTY DAMAGES
EXMARK MANUFACTURING COMPANY V. BRIGGS & STRATTON POWER
EXMARK V. BRIGGS & STRATTON BACKGROUND
DAMAGES
ENTIRE MARKET VALUE ACCEPTED AS THE ROYALTY BASE
REJECTION OF DAMAGES EXPERT'S OPINION
PRIOR ART AS DAMAGES EVIDENCE
NOTES
APPENDIX C1 FOOD & BEVERAGE INDUSTRY ROYALTY RATES AND SUPPORT FROM THE 25% RULE
MARIO ANDRETTI—5% ON SALES
BOTTLE DESIGN: “TRINITY”—8% OF SALES
BIG LEAGUE CHEW—2.5% TO 5% OF SALES
BRITNEY SPEARS—9% OF SALES
BERGHOFF BEER TRADEMARK— $1.2 MILLION
BEVERAGES—$0.25 (CDN.) PER CASE
CHAMPIONLYTE—3% TO 6% ON SALES
CHEESE—5% ON SALES
COOL LUC—4% OF SALES
COMIC BOOK MILK—2.5% TO 11% OF SALES
CRICKET WORLD CUP SPONSORSHIP—$3.69 MILLION
DETHRONE ENERGY DRINK—5% TO 12% OF GROSS PROFITS
DAIRY BRAND—2% OF SALES
DAIRY PRODUCTS—2% ON NET SALES
DANNON/YOCREAM CO-BRAND—4% ON SALES
DAVE MIRRA—7% ON SALES
DEL SUNSHINE—5% OF NET SALES
DISNEY CHARACTERS WATER—4% OF NET SALES
EGGS—$0.01 PER POUND TO $0.05 PER DOZEN
F.I.T.T. ENERGY BEVERAGE—$0.05 PER BOTTLE
FOOD FLAVOR—$30 MILLION DEVELOPMENT COST PLUS 1% TO 4% OF SALES
FOOD FLAVOR—$20 MILLION DEVELOPMENT COST PLUS 1% TO 4% OF SALES
FRENCH FRIES/VENDING—5% OF SALES
HAWAIIAN TROPIC—4% OF SALES
HEALTHY FOOD—CASH, STOCK AND 10% OF SALES
ICE DRAFT—$5 MILLION
KRISPY KREME—2% ON SALES
MARVEL'S AVENGERS ASSEMBLE CHARACTERS—5% OF SALES
MARVEL'S HEROES FLAVORED MILK—2% TO 4% OF SALES
MARVEL'S HEROES FLAVORED MILK IN THE MIDDLE EAST—11% OF SALES
MEATBALLS—1% TO 6% OF NET SALES
MEXICO WATER AND FRUIT DRINKS—2% OF SALES
MR. PEANUT SNACKS—$0.02 PER GALLON
NEW LEAF BRANDS BEVERAGE—4% OF NET SALES
PACKAGING/BEVERAGE CONTAINER—STOCK PLUS 2% OF GROSS PROFITS
PACKAGING—$335,000 PLUS 2% ON SALES
PACKAGING—20% OF SALES
PACKAGING—20% OF SALES
POCKET SHOT ENERGY DRINK—1.5% TO 7% ON SALES
S&W AND IL CLASSICO TRADEMARKS—2% ON SALES
SLIM JIM AND PENROSE TRADEMARKS—$11 MILLION
SLIM SLAMMER MILK—0.25% OF SALES
SUNKIST, VLASIC, FRENCH'S, AND TABASCO TRADEMARKS—3% TO 5% OF SALES
SWEET'N LOW—7% ON SALES
TOBACCO—2% OF SALES
TEA MANUFACTURER—2% OF SALES
“THIRST AID” SLOGAN—$10.3 MILLION
THROWDOWN®—10% OF SALES
UnWind BEVERAGE—$0.60 FOR EVERY TWENTY-FOUR CANS AND $0.12 PER 12-PACK
UNIVERSITY OF TEXAS AT AUSTIN WATER—8% OF SALES
VERYFINE TRADEMARKS—$513,500
WARNER BROS. BEVERAGES—3% OF SALES
WATER FILTERING—2% OF SALES
WATER TECHNOLOGY—$0.30 TO $0.60 PER CASE
WATER TECHNOLOGY—1% TO 5% OF SALES
WATER TECHNOLOGY—$300,000 PLUS 5% TO 7.5% OF SALES
WILL ROGERS WATER—3% OF SALES
YOPLAIT YOGURT TRADEMARK—$400,000 PLUS 3% OF SALES
BEVERAGE INDUSTRY PARTICIPANTS
NOTES
INDEX
WILEY END USER LICENSE AGREEMENT
