Court admits image valuation and consumer perception theories with regard to the model and talent industry provided by the Plaintiff’s experts in copyright infringement suit

Wisconsin District Court denied a motion to exclude the Plaintiffs’ expert who used his industry experience to opine on hypothetical negotiation value. The court found his valuation method reliable enough for admission, despite the Defendant’s critiques. It also permitted the Plaintiffs’ survey expert, ruling that flaws in the survey went to evidentiary weight, not admissibility. The Court screens expert testimony for relevance and reliability under Rule 702, not perfection.

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California Court admits the testimony of film and television industry experts in copyright infringement action 

Plaintiffs allege certain episodes of Defendants’ shows Prank Encounters and Double Cross infringe episodes of Plaintiffs’ show Scare Tactics. The court denies Defendants’ motion for summary judgment, finding genuine disputes remain regarding substantial similarity and damages. The court also largely denies motions to exclude expert testimony on similarity and damages, ruling that flawed assumptions and questionable methodologies are issues for cross-examination, not grounds for wholesale exclusion. Disagreements with experts’ opinions will go to the weight of their testimony, not admissibility. Thus the case will proceed toward a jury decision.

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