8/8/2019 Valuing the Intangible: Where to Start?: The Full Family of Intellectual Property and Other Intangibles http://slidepdf.com/reader/full/valuing-the-intangible-where-to-start-the-full-family-of-intellectual-property 1/10 v 3.3WA 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 2 Topics Why are intangibles important in today’s economy? Why are they relevant to your practice? Defining terms: Intangible Assets and Intellectual Property Intangibles as common thread in and out of litigation Fundamental problem: what are they worth? How are intangibles valued in practice? How can intangible-related damages be quantified?
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Valuing the Intangible: Where to Start?: The Full Family of Intellectual Property and Other Intangibles
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8/8/2019 Valuing the Intangible: Where to Start?: The Full Family of Intellectual Property and Other Intangibles
Commercial and litigation business cli ents rely on pro tectingand growing their brands, leveraging them through licensing;or guarding their technical advances and unique productfeatures from competitors.
Beyond specialized IP law practices, business, commercial, taxand estate practitioners increasingly have to be involved inidentifying, protecting, applying, and defending intangiblesowned by businesses and individuals.
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Intangible Assets and Intellectual Property
Intellectual Property are the various types of rights givenspecific legal protection.Traditionally inc luding:
CopyrightsPatentsTrademarks
And increasingly extended to:Trade secretsRights of publicity
8/8/2019 Valuing the Intangible: Where to Start?: The Full Family of Intellectual Property and Other Intangibles
Case #1 – Woody Allen:Valuing Celebrity Rights and Rights of PublicityCase #2 – adidas:The Largest Trade Dress Award in HistoryCase #3 – Tower Records:Extracting Value in BankruptcyCase #4 – The Marlon Brando Estate:Estate Planning and Tax IssuesCase #5 – Sara Lee vs. Jimmy Dean:
Valuing Intangibles in Contract DisputesCase #6 – IP in Corporate Financing Deals
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Case Study #1: Woody AllenWoody 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:
8/8/2019 Valuing the Intangible: Where to Start?: The Full Family of Intellectual Property and Other Intangibles
Goal: Secure financing for corporate expansion backed by the company’scash flows and IP
Task: Identify and value the bundles of intangibles to be transferred and/or licensed to t he special purpose entities (SPE) that will hold the IP andprovide the franchise support services:
Performed a Brand Apportionment Analysis to allocate value between the IPand the Franchise Support Services being providedDetermined the fair market value of the fully paid-up IP license to be grantedback to the operating companyDetermined the total value of the IP in the US to enhance investor confidence
Interfaced with the investment bank to support the stress testing scenarioanalysis– an essential element to assess the risk profile for the ratingagencies and surety providers