Our seasoned trial lawyers help clients across a broad range of industries protect their valuable intellectual property interests. Whether representing plaintiffs or defendants at the trial or appellate level, we have successfully resolved many of our clients’ most challenging copyright and trademark cases.
We handle high-stakes copyright and trademark disputes for motion picture studios and production companies, television networks, video game publishers, apparel and footwear manufacturers, franchisors, and industrial design and pharmaceutical companies. Our lawyers have extensive experience in copyright and trademark litigation in federal courts nationwide at both the trial level and on appeal, in arbitrations, and before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board.
In addition to handling copyright and trademark disputes, we perform risk assessments and provide counseling to help clients protect their assets and minimize the prospect of costly litigation.
Experience
Won one of “the largest-ever U.S. trademark awards” (Reuters) for Monster Energy Company against rival beverage company Vital Pharmaceuticals, Inc. Following a two-week trial, the arbitrator held that VPX’s Bang Energy does not contain advertised muscle-building creatine and infringed on “Bang” trademark. In the significant ruling, the arbitrator awarded Monster and Orange Bang $175 million in damages, nearly $10 million in attorney’s fees and costs, and a 5% royalty on all future sales of Bang Energy (with over $1.5 billion in annual sales). (See “Monster asks court to enforce $175 mln award against Bang Energy maker,” Reuters; “Monster, Orange Bang Win $175M Against Rival In Arbitration,” Law360).
Secured a complete defense verdict for Disney in a high-profile suit brought by an animator who alleged Disney infringed his similar project to develop the blockbuster film, “Moana.” At the end of a closely followed 10-day trial, jurors deliberated less than three hours before siding with Disney. (See “Disney didn’t copy ‘Moana’ from a man’s story of a surfer boy, a jury says,” Associated Press; “Disney wins US copyright trial over animated hit ‘Moana’,” Reuters; “Disney Unit Wins Copyright Trial Over ‘Moana’ Film,” Law360; “Disney had no access to animator’s screenplay to copy ‘Moana’, jury finds,” Daily Journal; “Disney prevails in ‘Moana’ copyright trial,” Courthouse News; “Disney’s ‘Moana’ Didn’t Copy Producer’s Film Project, Jury Says,” Bloomberg).
Obtained a complete defense victory for Tri Star Sports & Entertainment Group on copyright infringement claims. Prior to the motion to dismiss stage, the plaintiff voluntarily dismissed both claims after Tri Star filed a letter detailing deficiencies in the plaintiff’s claims.
Won a unanimous defense verdict for Electronic Arts in a jury trial regarding a copyright claim related to The Sims 3, the third installment in the company’s best-selling series of life simulation games. Also won summary judgment for Electronic Arts on a companion claim for alleged trade secret misappropriation and secured affirmance of that ruling by the U.S. Court of Appeals for the Ninth Circuit.
Represented Kelly Toys, maker of the top-selling toy in the US for 2023 “Squishmallows,” in a copyright infringement lawsuit against Build-A-Bear Workshop for its copycat Skoosherz product. (See “Squishmallows and Skoosherz Plush Toys Face Off in Court,” The New York Times; “Plush wars? Squishmallows toy maker and Build-A-Bear sue each other over ‘copycat’ accusations,” Associated Press).
Representing the major record labels, including UMG Recordings, Warner Music Group and Sony Music Entertainment, in high-profile, high-stakes copyright litigation against two leading generative AI music companies, Suno and Udio. The lawsuits are the first time the record labels have sued AI companies over sound recording copyrights. (See “AI Cos. Hit With Copyright Claims From Music Labels,” Law360; “Major record labels sue AI company behind ‘BBL Drizzy,’” The Verge; “Music Labels Take On AI Startups With New Lawsuits,” The Wall Street Journal; “AI’s Most Ambitious Music Generators Accused of ‘Massive’ Infringement In New Lawsuit,” Rolling Stone).
Won summary judgment on behalf of Sears, K Mart, and a footwear manufacturer in a trademark infringement and unfair competition suit related to a logo for a clothing and footwear line.
Obtained dismissal of a dozen subsidiaries of The Walt Disney Company from a multimillion-dollar trademark infringement and unfair competition action involving Toy Story 3.
Represented owners of and creative talent behind world-famous cartoon characters in litigation against a major film studio for copyright infringement and breach of contract.
Obtained a temporary restraining order for Entertainment One (eOne) entertainment company on the eve of a motion picture premiere at South by Southwest Film Festival.
Successfully defended Lionsgate and comedian Kevin Hart in a federal trademark infringement action challenging the use of the “Laugh Out Loud” name for their digital comedy venture.
Successfully represented Nickelodeon, MTV Networks, and CBS in defending against copyright and idea submission claims related to various scripted and reality television series.
Represented Oracle in its ongoing high-profile copyright litigation against Google regarding the Android operating system.
Represented Skechers in prosecution and defense of trademark, trade dress, and design patent infringement disputes.
Successfully defended Electronic Arts in trademark infringement and right of publicity actions related to EA SPORTS Active, Fight Night, Medal of Honor, and Mirror’s Edge video games.