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Valuing the Intangible: Where to Start?: The Full Family of Intellectual Property and Other Intangibles
1. Valuing the Intangible: Where to Start? The Full Family of Intellectual Property and Other Intangibles Sponsored by Sheppard Mullin December 22, 2009 Presented by: CONSOR ® Intellectual Asset Management www.consor.com
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5. Business IA and IP Intellectual Property PATENTS COPY RIGHTS TRADE MARKS TRADE SECRETS Intangible Assets Data & Knowledge Bases COPY RIGHTS Customer & Vendor Relations Proprietary Software Internet Assets
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8. Case Study #1: Woody Allen Woody Allen Litigation – unauthorized use of name Comparable product endorsement fees Publicity rights infringement Consumer impressions Market Approach $5.0 Million Client: Context: Components: Cause: Approach: Concept of Value: Total Damages:
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10. Case Study #2: adidas adidas Trademark / trade dress infringement Valuation of trademark Establishment of trade dress component Establishment of total damages Valuation of damages to trade dress Components of value Market Approach, Relief from Royalty $304.6 Million Client: Context: Components: Approach: Concept of Value: Awarded Damages:
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12. Case Study #3: Tower Records Tower Records Bankruptcy Trademarks Domain names Website / Internet platforms Databases Franchise agreements Sequestered auction Liquidation $4.5 Million Client: Context: Components: Approach: Concept of Value: Total Damages:
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14. Case Study #4: The Estate of Marlon Brando The Estate of Marlon Brando Estate planning and tax issues Post-mortem rights of publicity Estate value IRS audit Analysis of historical income Income approach $1.4 million Client: Context: Components: Cause: Approach: Concept of Value: Total Value:
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16. Case Study #5: Sara Lee vs. Jimmy Dean Sara Lee Contract dispute Valuation of stock distribution Valuation of dividend income Valuation of payments Valuation of retirement benefits Trademark infringement Discounted cash flows Income Approach Enterprise Valuation Client: Context: Components: Cause: Approach: Concept of Value:
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18. Case Study #6: IP Securitization Global Real Estate Services Franchisor Several hundred million dollar IP-backed securitization Trademarks and brand assets Franchise services Corporate restructuring Revenue projections Royalty cash flow allocation Market approach Income approach Client: Context: Components: Cause: Approach: Concept of Value: