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);

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).

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);

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alleging infringement of his stage directions (misappropriation, Lanham Act and other claims dismissed; copyright claim withdrawn; plaintiff recovered only $866.00 at trial and agreed to cancel his claimed copyright in stage directions, etc.)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.

ANTICOUNTERFEITING 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);

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).

DIGITAL MEDIA

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);

(List includes cases litigated by Mr. Butterfield at his prior firm.)