Time Inc. v. Petersen Publishing Company, L.L.C.

The Situation

The United States District Court for the Southern District of New York completely rejected Petersen's theory of damages allegedly caused by Time’s infringement of Petersen's TEEN® trademark.

NERA's Role

Retained by Time Inc., NERA provided a rebuttal report and helped counsel with cross-examination of Petersen’s damages expert and CFO.

The Result

At trial, the court rejected, and did not permit testimony on, two of Petersen’s expert's three alternative damages measures. Ultimately, the court did not permit the jury to consider the third measure, either. (After deliberation, the jury rejected Petersen's claims, finding that Time’s TeenPEOPLE® magazine did not infringe the TEEN® trademark.)