NERA’s Pro Bono Role in Defending a Local Non-Profit Against Copyright and Trademark Allegations

The Situation

NERA was retained by Squire Patton Boggs on behalf of defendant Oakland Community Pools Project (OCPP) to provide pro bono consulting on issues of damages relating to copyright and trademark issues. OCPP is a local non-profit seeking to provide affordable swim programs for underprivileged youth in Oakland and was alleged to have infringed on the plaintiff’s copyright and trademark rights through a social media post.

NERA's Role

NERA Senior Consultant Dr. Daniel Werner served as the defendant’s damages expert and submitted an expert report to evaluate the plaintiff’s expert’s estimate of damages. In addition to opining on issues of damages and a reasonable license rate, Dr. Werner also analyzed and opined on issues related to unjust enrichment. 

The Result

Prior to trial, the court granted the defendant’s summary judgment motion, which concluded the case in favor of OCPP. The court subsequently granted the defendant’s motion for attorney’s fees, noting that the plaintiff’s original monetary demand “borders on the extortionate” when compared to Dr. Werner’s estimate of a reasonable license rate in this case.