IP & TECHNOLOGY
We represent Internet-based businesses, software developers and users, and other technology-driven entities and individuals, in transactional and litigation matters, as well as in connection with various corporate and strategic ventures. Our intellectual property experience extends to a broad spectrum of IP-driven commercial transactions, with particular emphasis on the protection, exploitation and licensing of copyrights, trademarks, patents and trade secrets.
We also help businesses protect their brands and proprietary and confidential information by drafting employment and independent contractor agreements, registering copyrights and trademarks, reviewing or drafting agreements with outside vendors such as graphic design and website design firms, drafting or reviewing non-disclosure agreements, privacy policies, terms of service and the like, and by litigating and resolving disputes in these areas when necessary.
- 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 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).
- 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.
- Represented a major U.S. computer graphics software designer and hardware manufacturer as to limited technology transfer (license) and formation of limited liability entity to co-finance and develop location-based attractions for numerous entertainment centers in theater multiplexes of one of the largest U.S. theatrical exhibitors.
- 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 personal jurisdiction), and (b) soon after that ruling, our client achieved victory in related litigation in Europe which likely would have had preclusive effect here.
- Represented an L.A.-based online video game creator, producer and publisher regarding projects and corporate finance, including work on various rights agreements.
- Represented numerous providers of technology and technological services to the entertainment industry, including providers in the areas of DVD technology, computer software, special effects and post-production, as to the negotiation and documentation of a variety of transactions.