Category: Uncategorized

Uncategorized

Trademark Expert Witness key to Louboutin vs. YSL Red Sole Shoe Case

The beginning of last month, the U.S. Court of Appeals in Manhattan ruled that designer and shoemaker Christian Louboutin Sarl’s Red Shoe Sole is entitled to limited trademark protection. The safeguard extends only to the red lacquered outer sole that contrasts with the color of the rest of the shoe and not to shoes that are monochromatically red.
Trademark Expert and Experts.com Member, Gabriele Goldaper, testified in the case that Louboutin’s Red Sole Mark is “prominent, famous, and there is no competitive need for YSL or any other competitor to make use of the Red Sole Mark on their shoes…” She also testified that, “…its use merely permits YSL to trade upon the reputation and goodwill that Louboutin has built in that mark over two decades.” See Declaration filed in support of Preliminary Injunction.
Considering all of the evidence and expert testimony, the court held that “…the lacquered red outsole, as applied to a shoe with an ‘upper’ of a different color, has ‘come to identify and distinguish’ the Louboutin brand and is therefore a distinctive symbol that qualifies for trademark protection.” Although the case is returning to the lower court for review by a trial court, for now, except if the whole shoe is red, Louboutin has the sole right to the red sole.
Read more about Experts.com Member Gabriele Goldaper.

Uncategorized

MEDICAL MALPRACTICE CASES – AGAINST THE ODDS

Roughly eighty percent of the Medical Malpractice cases tried are found in favor of the Defendant.  Considering that the odds of winning such a case are so low, it is a wonder that so many medical malpractice attorneys are denigrated by the term “ambulance chaser.”   As these cases are so difficult to win, it is not without great caution that attorneys take them to trial.  Not many are willing to play those odds unless they truly believe their client was substantially and directly harmed by his or her doctor.

According to Dr. Thomas Berger, a Cardio-Thoracic Surgeon who offers his expertise to attorneys, there are only two questions that are necessary to determine the outcome of a case:

  1. Did the doctor deviate from the standard of care (SOC)? While the definition of SOC varies from state to state, it is generally held to be the minimally acceptable quality of care that would be provided in a similar situation by a doctor with similar credentials.
  2. Was that deviation from the standard of care a proximate cause of harm to the patient and, if so, how?

Dr. Berger goes on to say that medical negligence must be shown to a “reasonable degree of medical certainty (RDMC)” that those medical errors actually harmed the patient.

Although this seems like cut and dry criteria to establish negligence, it is apparent from the win/lose record that it is not so easy to determine. While it is not so difficult to find a deviation from the standard of care, whether or not it is the direct cause of harm is the main obstacle.  Did the patient have a pre-existing condition?  Did the patient have a heart attack while going in for some other surgery?  Even if a surgeon did deviate from the standard of care and, indeed, cause some damage, if it was not the “direct” cause of the damage the case cannot be won.

It has been said that certain medical organizations prefer to keep the odds as they are – that Medical Malpractice attorneys and those that support them in litigation play David to these organizations’ Goliath.  Considering what they are up against, it would only be logical to take these attorneys out from under the ugly umbrella of “ambulance chaser.”

Read Dr. Thomas J. Berger’s Article Entitled, “Your Med-Mal Expert – An Advocate for the Truth.”

ConsultantsCrisis ManagementExpert WitnessUncategorized

CRISIS MANAGEMENT EXPERT WITNESSES & CONSULTANTS

In the wake of 9/11, Hurricane Katrina and other national crises like the Virginia Tech and Columbine shootings, it is imperative that we have a cache of individuals and companies at hand to respond to and manage such devastating events. Even more important is that these Experts and Consultants are available to prepare and train prior to any emergency.
Disaster Planning and Threat Analysis are not only critical to the safety of our nation’s institutions but anywhere that crowds tend to gather, such as Times Square in New York City or Union Square in San Francisco. Crisis Management Experts and Consultants use their experience and expertise to assess vulnerabilities and train for potential disasters at our schools, universities, high-risk workplace environments and hospitals. Keeping us safe is their number one priority.
Their areas of expertise can range from Disaster Planning, Hostage Negotiation, Suicide Attempts and Employment Screenings to Epidemiology, Food-Borne Vulnerabilities, Business Continuity and Terrorism. As with all those who protect the citizens of this country, Crisis Management Experts must be acknowledged for their contributions. It is with gratitude that we feature them here today.

Crisis Management Experts and Consultants