- 29 - by the Nyingma Institute diminish the value of petitioner's right to market SMMT. Petitioner's expert did not specifically value petitioner's right to market SMMT. As we have no other appropriate basis to evaluate this licensed asset, we accept Spiro's valuation of the SMMT marketing right. AVG also valued the computer software using the replacement cost method and determined that the value of customized software was $20,000, based on the cost of similar software, for an annual value over a 5-year useful life of $4,000. Maitland believed that comparable off-the-shelf software would have cost between $60,000 and $70,000. However, petitioner did not consider purchasing software from another company. DM did not provide technical support for the software. This decreases the value of the software because petitioner had to update the software itself. We believe that AVG's valuation of the software is more reliable than Maitland's uncorroborated testimony and accept AVG's valuation. Second, AVG relied on a market comparison to determine fair market royalty payments for the licensed trade names and trademarks. For the comparison, AVG considered royalties paid for instant-print or quick-print franchises. It identified the various assets received under these franchise agreements and compared the quick-print franchises with the license agreement only to the extent of the licensed trade names and trademarks. Royalty rates associated with trade names and trademarks represent the costs incurred by the franchisors to maintain thePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011