IP & TECHNOLOGY LITIGATION
When it comes to intellectual property and technology disputes, we are one of the go-to firms for major film and television studios, production companies, e-commerce giants, video game developers and publishers, entreprenuers, starts-ups, middle-market and Fortune 500 companies.
We handle a wide variety of disputes, including copyright and trademark infringement claims, cancellation actions involving trademark registrations and opposition actions involving trademark applications, domain name disputes, trade secret claims, right of publicity claims, privacy claims, defamation claims, idea submission claims, and other disputes.
- Represented a film production company, which was sued for alleged copyright and trademark infringement days before the worldwide release of a theatrical motion picture. The plaintiff immediately sought a temporary restraining order to prevent the release of the film. We successfully defeated the ex parte TRO, and shortly thereafter successfully moved the court to dismiss the lawsuit pursuant to Rule 12(b)(6) (failure to state a claim).
- Ongoing representation of three of the world’s largest providers of online platforms for the short term rental of travel accommodations. Work includes representation in judicial and administrative proceedings, as well as work relating to statutory and regulatory compliance.
- Represented a Japanese golf club manufacturer in a trademark and counterfeiting lawsuit. We obtained a permanent injunction on behalf of the client, along with approx. $1 million in monetary payments from the other side. Early on in the action, we got the other side’s cross-claims (seeking $110,000 per month in damages) dismissed via an anti-SLAPP motion, and we received an award whereby the other side was required to pay all of the attorney’s fees and costs incurred by our client in connection with the anti-SLAPP motion.
- Represented a videogame company that had obtained the videogame rights to a film from the estate of the author of the source work (a novel) against a film company that claimed, under contract, copyright and trademark law, it owned all film, video, videogame and merchandising rights to that film where the merchandise clause in the agreement pursuant to which it obtained its rights did not contain a “future technologies” clause. We successfully defeated the film company’s preliminary injunction motion and summary judgment motion. We also filed a successful cross-motion for summary judgment. A favorable settlement was reached while on appeal to the Ninth Circuit after having been fully briefed.
- Defended the largest social networking website in Europe in litigation alleging that it had copied the “look and feel” of the largest social networking website in the United States, including traveling to Europe to interview key players and ensure the proper preservation of electronic evidence, and defeating numerous procedural motions brought by the other side seeking discovery. The case settled after (a) the Court first issued a ruling that it was inclined to grant our client’s motion to dismiss the action on forum non conveniens grounds (but would defer issuing a final ruling until it was prepared to decide our client’s motion to dismiss for lack of personaljurisdiction), and (b) soon after that ruling, our client achieved victory in related litigation in Europe which likely would have had preclusive effect here.
- Representation of e-commerce companies, including the provider of a platform connecting customers with independent contractors in the home improvement space and the provider of platform relating to on-demand valet parking, in judicial and administriave proceedings, as well advising the companies on issues relating to statutory and regulatory compliance.
- Represented a children’s entertainment company in a lawsuit against a company that licensed to our client broad worldwide exploitation rights of a well-known animated series. The licensor wrongly terminated the license agreement and attempted to extort higher payments from our client for rights that our client already had under the license agreement. A favorable settlement was reached at mediation.
- Defended an entertainment company in a federal court lawsuit brought by a record company that alleged our client had wrongfully used the plaintiff’s music in connection with a television show. The lawsuit was dismissed by the plaintiff after we informally demonstrated that the suit lacked merit and threatened Rule 11 sanctions.
- Represented a record company in a dispute with a background vocalist who claimed that her rights to attribution were violated in the release of a popular music single and in the associated music video. We defeated the vocalist’s summary judgment motion. A favorable settlement was reached at mediation.
- Represented the heirs of an opera composer in a dispute over the rights granted to the composer by the authors of certain source works used to create, perform and exploit the opera as a derivative work. A favorable settlement was reached through negotiation, and without litigation being instituted or the dispute ever being made public.
- Represented a Hawaiian vacation tour company in a dispute in which it was accused of copyright infringement, trademark infringement and having copied the “look and feel” of another Hawaiian vacation tour company in connection with its vacation tour pamphlets, website and related marketing and promotional materials. The accusing tour company dropped its claims against our client after we had informally demonstrated that the accusing company’s threatened suit lacked merit.
- Represented an auto parts manufacturer against another parts manufacturer that attempted to cancel our client’s trademark registrations and alleged trademark infringement and dilution in connection with our client’s website, parts catalogs and domain names. A favorable settlement was reached through negotiation.
- Represented a children’s entertainment company in a dispute involving the creation and ownership of certain animated characters. After we defeated a summary judgment motion, a favorable settlement was reached through negotiation.
- Represented numerous trademark owners in cancellation and opposition actions involving their respective trademark registrations and applications with successful results.
- Represented a seller of high-end mirrors and frames in a trademark infringement dispute involving the use of trademarks and domain names. A favorable settlement was reached through negotiation, and without litigation being instituted or the dispute ever being made public.
- Represented a paintball gun company. We successfully and favorably settled a dispute involving allegations against our client of patent infringement, and we negotiated a license agreement for the patented parts at issue.
- Represented a dating and social networking website that was accused of having copied the “look and feel” of a very large and well-known dating website. A favorable settlement was reached through negotiation.
- Represented a children’s entertainment company in a dispute involving copyright infringement of its animated characters. After we filed summary judgment motions arguing that the exploitation by the licensee was beyond what was granted in the applicable copyright licenses, a favorable settlement was reached through negotiation.