Intellectual property infringement expert witness [Glossary]

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Last updated : Sept 11, 2022
Written by : Christinia Kishaba
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Intellectual property infringement expert witness

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Intellectual property infringement expert witness

Comment by Anita Wardell

during the last 25 years I have worked extensively in consumer licensing trademarks copyrights in the apparel business my areas of expertise include secondary meaning trade dress similarity originality and infringement I have been engaged as an expert witness and licensing by the Vatican Jones apparel and converse in the apparel business I can review performance of a wide array of agreements to determine if that performance was consistent with the standards of the business I would welcome the opportunity to discuss a case with you thank you for visiting my website

Thanks for your comment Anita Wardell, have a nice day.
- Christinia Kishaba, Staff Member

Comment by lligavag

two to three times a year I'm engaged as an expert in copyright infringement and there is only there's something they only a handful of us that do this in the United States and it's a fascinating field it's something that a composer comes to naturally or a musicologist comes to naturally because it involves essentially comparison of musical acts herbs musical scores something that we've spent decades learning to perfect and so I'm frequently asked for an opinion about the first of all the protectable expression in one person's music and how it compares to a potentially infringing work from somebody else it's a fascinating field it's a field that is a little bit difficult for the legal world because you don't often have combined skills of law and music although more and more now you do see lawyers specializing in music copyright infringement and they do have musical training but for the most part the lawyers rely on us to do the full musical interpretation of exactly how piece a compares to peace be when I'm asked to give an opinion I have been asked by both sides with equal frequency they offend a'n't the plaintiff the plaintiff is of course claiming that a particular work let's call it work be as I said has copied a significant portion of their work so that it's up to me to decide whether or not the portion that has been copied is in fact what we call legally significant and there at that is actually a term that is used in copyright infringement that the similarities rise to a level of significant if so I'm asked for advice on whether or not to proceed to the level of suit to filing a suit and exactly give them essentially the musical basis for doing so on the defendant side it's of course exactly the opposite somebody says well somebody is claiming that something I wrote is infringing their work and I'd never seen their work I had nothing to do that I don't know anything about it and and somehow they do sound similar what do I do about this and so it is then up to me to determine the genesis of where that idea came from again how similar it is to the work that is claiming infringement and on what level that may be musically defensible sometimes it can come down to something as simple as does that idea exist in prior art and if it does to what extent so that in that case an idea may not be legally protected if it's so basic to music that it really occurs all over you can't really copyright that so first in order to protect it it has to be what we call unique or creatively unique so that yeah that's an idea that is unique to that particular work so that first of all you can protect it with copyright and then secondly there's an access issue did that person have an opportunity to actually hear that work so that they could have heard it and copied it and was that intentional was it not intentional or is it so vague that perhaps well you know it's not really copying its influence you know that type of thing so it it gets down to all levels and ultimately copyright infringement is federal it goes into federal court and it goes in front of a jury so everything comes down to Canada here at Kennedy not hear it so a lot of my job can be based around how do i clarify this to the layman how do I use examples that will essentially tell the jury what I'm trying to get them to hear or get them to see it's a fascinating field and I enjoy it I have the luxury of taking only those cases that I feel strong about because it is not my primary focus my primary focus is as a composer of course but I do enjoy it and I sometimes as a composer enjoy sort of being a white knight if you will in terms of protecting their rights so it it feels good sometimes to be able to do

Thanks lligavag your participation is very much appreciated
- Christinia Kishaba

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