SELECTED COPYRIGHT LITIGATIONS

Picture Archive Council of America, Entertainment Software Association, American Society of Media Photographers, Property Rights Alliance and others as amici curiae in Cable New Network, Inv. v. CSC Holdings et al. (on petition for certioriari to the U.S. Supreme Court, 2008);

The New York Times Company, Photofest, Inc. and its principal in defense of copyright claims for use of Laurel and Hardy stills.  (S.D.N.Y., trademark claim dismissed, defense summary judgment motion pending);

Holistic Health, the educational organization, in copyright and unfair competition claim by competitor (NY Supr., removed to S.D.N.Y. and settled on condition that defendants’ fees were paid, 2008);

Authors Guild and Association of Authors Representatives as winning amici curiae in a leading electronics rights publishing case, Random House v. Rosetta Books, 283 F.3d 490 (2d. Cir 2002);

Kohl's Department Stores, Inc., Bed Bath & Beyond, Inc. and Libra Pacific, LLC in defense of copyright claims alleging mass-produced household articles infringing copyright in various metal sculptures (E.D.Ky., settled);

USA v. ASCAP, brief for Amicus Curiae  The Society of Composers, Authors and Music Publishers of Canada in support of appellant ASCAP, arguing that download transmissions of musical performance files constitute public performances (2d Cir. 2009; appeal pending).

USA v. ASCAP, brief for Amicus Curiae  The Society of Composers, Authors and Music Publishers of Canada in support of ASCAP's motion for summary judgment that download transmissions of musical performance files as ringtones constitute public performances (S.D.N.Y. 2009; decision pending).

Perfect 10 v. Google, brief for Picture Archive Council of America and numerous other Amici Curiae in support of rehearing of decision concerning contributory and vicarious copyright infringement (9th Cir. 2007).

MUSIC & FEATURE FILMS

VP Music Group as a defendant in copyright, antitrust and related claims concerning recording and music video of VP’s exclusive artist; summary judgment to VP dismissing all by two minor copyright and state claims involving video (S.D.N.Y. 2008, settled);

Ray Bloch Production, film production company in action against acquiring company for breach of contract, Lanham Act violations (S.D.N.Y. settled).

PUBLISHING & THEATRE

Harris Publications and its journalists as defendants in a libel action brought by Abbott, for allegedly defamatory material appearing in its publication "Dog News" (Tex. St. Ct.; transferred S.D.N.Y.; summary judgment for defendant); Abbott v. Harris Publs., Inc., (S.D.N.Y. 2002);

H&S Media, Incorporated, in defense of claims by Dennis Publishing, Inc. that defendant's magazine "To The Maxx" infringed plaintiff's publication "Maxim" (S.D.N.Y.; settled);

Liberation Press as defendant in an action instituted for libel, violation of § 51 of the N.Y.Civ. Rts. Law and related claims (N.Y. Sup. Ct. Kings Co.; motion to dismiss succeeded on appeal);

Producer of road show of Broadway musical in litigation and arbitration with local presenter (S.D.N.Y. and California state courts, pending);

Mergatroyd Productions and the author of an Off-Off-Broadway play “Tam Lin,” in defense of copyright and related claims by a former director alleging infringement of his stage directions (misappropriation, Lanham Act and other claims dismissed; copyright claim withdrawn; plaintiff recovered only $866.00 at trial and agreed to cancel his claimed copyright in stage directions, etc.) (S.D.N.Y. 2006).

TELEVISION

A&E Television Networks in action to recover public performance music royalties from music administrator (N.Y. Supr. 2008; settled before answer);

Ninox Films Limited as co-owner with Television New Zealand of rights to a successful television production "Dream Home" against the producer sponsor and broadcaster of a strikingly similar television production in United States (S.D.N.Y. and W.D.N.C.; settled);

Oxygen Network, a unit of NBC/Universal, in various trademark enforcement matter, including litigation and trademark registration and opposition proceedings.

ANTICOUNTERFITING ENFORCEMENT

HIT Entertainment, the owner of rights in various children’s characters, against manufacturer of counterfeit adult costumes (S.D. Ca. 2009; seizure order, permanent injunction and summary judgment obtained plus settlement);

Lyons Group, the owner of rights in the character Barney, in a nationwide campaign of trademark and copyright infringement actions pending against infringers and distributors of counterfeit goods located throughout the United States (various jurisdictions; settled);

Nike as plaintiff in a nationwide campaign of copyright and trademark infringement actions against infringers and distributors of counterfeit goods throughout the United States in connection with use of the Nike "swoosh" mark on jewelry (various jurisdictions; settled);

Microsoft as plaintiff in over 30 separate actions for copyright and trademark infringement and related claims in connection with copying and distribution of counterfeit or unauthorized WINDOWS and OFFICE PRO software (S.D.N.Y. and E.D.N.Y.; various judgments entered for Microsoft); Microsoft Corp. v. K&E Computer, Inc., 2001 U.S. Dist. LEXIS 3928 (S.D.N.Y. April 2, 2001).

TRADEMARK & LICENSING

Mary Bueno in claims against Dance Perspectives Foundation Inc. for use of deceased choreographer’s name.  (S.D.N.Y, preliminary and permanent injunctions obtained, and judgment after trial for damages and attorney’s fees);

The Jack Daniels company (Brown-Forman) in two week non-jury trial against a trade dress/trademark infringement by a larger competitor, Constellation Brands.  Obtained judgment including full national recall of infringing product, finding of willful infringement after knocking out an advice of counsel defense, and treble damages.  The judge informed the defendant of the judgment the night before she was going to award it; the case settled by morning (E.D.Ky. 2004); 

Citigroup in a Trademark Office opposition proceeding seeking to prevent registration of Choices Unlimited for a corporate employee rewards program on the ground that this mark was confusingly similar to Citigroup’s registered Choice mark for credit cards.  Following trial, the Trademark Trial and Appeal Board decided in favor of Citigroup (T.T.A.B. 2004);

Kraft Foods, owner of the Jell-O brand, in a sting operation with seizure by federal marshals of counterfeit “Jell-O” products imported from China (2002);

Kendall Jackson v. E. & J. Gallo Winery.  Acted as lead trademark counsel in this jury case that was won by Gallo at trial and on appeal.  Won summary judgment of no infringement on KJ’s claim that the leaf design on Gallo’s Turning Leaf wine bottle infringed the leaf design on the Kendall Jackson bottle logo design;

Kenner Toys v. Rose Art Industries.  In case brought by Kenner, owner of the Play Doh trademark against registration of Fun Dough by competitor, won appeal before the Federal Circuit, which reinstated the famous marks doctrine in the US (i.e., that famous marks should get more protection under trademark law than lesser known mark), and reversed lower court holding of no confusion.

DIGITAL MEDIA

Association of Computing Machinery as an interested party in a leading case under the Digital Millennium Copyright Act Felten v. Recording Industry of America (D.N.J.);

iView Multimedia, Ltd. in defense of claim for breach of alleged oral partnership agreement concerning software development, breach of joint venture and declaration of joint ownership of copyright (S.D.N.Y; settled);

Mo Media, online seller of graduate test preparation materials, as defendant in New York case by online competitor involving claims regarding Google page rank and as a related party to the plaintiff in two Texas cases on similar subject matters; (S.D.N.Y., E.D. Tx. and Tx. State Court 2008).

PHOTOGRAPHY & ART

Polaris Corporation, a photography agency, as defendant in Moore v BBC, a copyright infringement case alleging the unauthorized inclusion of photographs in the documentary film “Man on Wire.” (S.N.D.Y. 2008; settled; plaintiff’s application for TRO denied, case settled prior to briefing or hearing on plaintiff’s preliminary injunction motion);

Al Hirschfeld in actions against art dealer, Hirschfeld v. Margo Feiden Galleries , (N.Y. Sup. Ct.; settled) and in arbitral proceeding with book publisher (A.A.A.; settled);

Private art dealer in claims against prominent gallery to recover valuable paintings (S.D.N.Y. 2008;settled).

COMMERCIAL LITIGATION

Werner & Pfleiderer Corporation as plaintiff in several actions in courts in New Jersey  action involving theft of trade secrets and enforcement of non compete agreements;

Multi-level marketing dietary supplement company in its case against former distributors.  Claims included copyright infringement, trade secret misappropriation and related claims.  Won a preliminary injunction against the distributors as well as partial summary judgment.  Case settled favorably.