Intellectual Property Litigation

  • The firm is currently counseling a publishing client in defending a newly-filed copyright infringement action involving a photograph.
  • The firm recently drafted a possible petition for certiorari on behalf of a client seeking to protect its famous mark in a trademark infringement and dilution action.
  • The firm is currently representing the target of a purported DMCA takedown demand where we have asserted that the posted material is a paradigmatic, non-infringing ‘fair use’. The matter is now in litigation pursuant to a copyright and trademark declaratory judgment action that the firm recently filed.
  • Recently, the firm was retained to represent the target of a ‘Cease and Desist’ demand based on alleged copyright infringement. The claim was successfully settled on a non-monetary basis.
  • The firm is currently consulting with the owner of certain famous trademarks in connection with its prosecution of trademark dilution and trademark and copyright infringement claims, where the asserted defense is parody.
  • The firm was engaged as additional counsel in a federal action involving the licensing of music performing rights in the television industry.  The firm later defended certain depositions of parties in the case, which was ultimately settled.
  • The firm successfully settled and terminated a complex music copyright infringement action the firm had been retained to defend on behalf of a leading U.S. music publisher.
  • Some time ago, the firm advised a group of foreign copyright holders, whose copyrights were unregistered, regarding their potential rights claims, in connection with the so-called Literary Works in Electronic Databases Copyright Litigation. For the ultimate resolution of the class action dispute, see Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154 (2010)
  • Some time ago, the firm successfully developed the basis for breach of contract and related intellectual property infringement claims involving withheld and/or underpaid royalties/profit participations on behalf of the producers of a motion picture as against the picture’s foreign and domestic film distributors and related parties.