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Extract to table / memo-mediation-prep-settlement-valuation.docx
memo-mediation-prep-settlement-valuation.docx
Parties
HARKNESS LLP
Meridian Consumer Brands LLC
Brindoval Home Goods Inc
Novotny ADR Services LLC
Pruitt LLP
M. Albright
Lakeshore Brand Consulting LLC
Pinnacle Research Group Inc
Dates
February 10, 2023
February 15, 2023
January 9, 2023
November 7, 2022
January 23, 2023
January 30, 2023
September 26, 2022
October 10, 2022
October 14, 2022
November 18, 2022
Amounts
$1.2
$1.75
$2.5
$1.0
$94.5
$387
$47.2
$3.93
$625
$100
Obligations
0 million on the monetary component alone (which must be coupled with meaningful coexistence terms)
These figures overstate the likely recoverable lost profits for several reasons that must be candidly acknowledged: • Not all consumers who experienced confusion would have purchased MCB's MERIDIAN products instead
Weaknesses and Risks Notwithstanding MCB's strong position, several significant risks must be candidly assessed: 1
The investment has yielded meaningful results — the PI Order represents a significant favorable development — but the costs of continuing litigation to trial must be weighed against the potential incremental recovery
0 million monetary settlement must be coupled with meaningful coexistence terms to be acceptable; the monetary floor alone is insufficient without strong non-monetary protections
Brindoval shall rebrand its products from MERIDIAN FRESH to BRINDOVAL MERIDIAN FRESH