Intellectual Property Litigation

One of the most costly mistakes made by businesses is to lose track of their intellectual property. In today’s technological world, intellectual property can be among a company’s most valuable assets. We can help our clients conduct intellectual property audits to determine what intellectual property the client owns and whether the client is doing everything it could to protect those rights to the full extent allowed by law. Once that is determined, we strongly recommend that our business clients adopt and follow an intellectual property policy to ensure that it never lets any of its protected rights lapse or fall into the public domain.

Transactional Practice

Our attorneys have extensive experience in guiding clients through the process of registering their trademarks, service marks, trade dress, and copyrights with the federal government. With trademarks, this involves advising clients of their likelihood of successfully registering their mark, advising the client on trademark development and protectibility, preparing, filing and prosecuting U.S. and international trademark registrations.

With copyright, our attorneys can offer advice on the availability of copyright protection and registration, preparing and filing copyright registrations, advising clients regarding copyright ownership, drafting work-for-hire agreements, and negotiating and preparing copyright licenses and copyright transfers.

Litigation

We are, first and foremost, a litigation firm. Accordingly, our attorneys have expertise in the successful litigation of intellectual property matters before administrative bodies such as the United States Patent and Trademark Office and the Uniform Domain Name Resolution Policy Arbitration Panels, as well as in federal court. This litigation experience includes enforcing our clients’ intellectual property rights as well as defending clients against claims of trademark or copyright infringement or trade secret misappropriation.

  • In Versace v. Awada, we represented a defendant clothing store in high profile multi defendant lawsuit involving claims of trademark infringement, copyright infringement and counterfeiting. We obtained an order compelling the depositions of Santo and Donatello Versace in Milan, Italy. The case settled.

  • In a case brought by Saban, we represented a Los Angeles-based importer accused of manufacturing, importing and distributing counterfeit goods that allegedly infringed on “Power Rangers” products. The case settled.

  • In Warner Brothers v. CBB, we represented a defendant importer in a case involving claims of trademark infringement and counterfeiting. We obtained a favorable settlement for the client.

  • In Sunco v. various defendants, we represented a Hong Kong-based company enforcing their intellectual property rights including claims of trademark infringement, unfair competition and violations of the Lanham Act. We obtained a judgment against all defendants.

  • In MGA Entertainment and Little Tikes v. National Products, we successfully defended a case involving claims of trademark infringement and breach of contract brought by company owned by Isaac Larian and represented by Lewis Brisbois. The case concluded with a confidential settlement.

  • In MGA Entertainment, Inc., v. Fun Creation, Inc., Paul Eisner successfully demurred to the second amended complaint alleging fraud, unfair competition, contributory trademark infringement and vicarious liability for trademark infringement. The demurrer was sustained without leave to amend and the court dismissed the case. This dispute and a dispute in a companion federal trademark violation case were settled shortly thereafter.
  • We represented Kreative Kids in a case brought for trademark infringement arising out of plush toy backpacks and suitcases for children. The case concluded with a confidential settlement.

  • In Wolf Designs v. DHR, we represented an Atlanta-based importer of jewelry boxes in a case involving claims that the client’s products infringed on Wolf’s trade dress.

  • We represented the Upper Deck Company against Dad’s Kids in a case involving trademark infringement based on derivative work. Ultimately we prevailed in a lawsuit. We also successfully represented Upper Deck in various other matters including a claim for legal malpractice against their former law firm.

  • We prevailed in the surrender of an infringing domain name in a Uniform Domain Name Protocol (UDRP) action against a European company infringing on the client’s trademark.

  • We have negotiated successful resolutions in numerous trademark infringement actions.

  • We have obtained removal of clients’ intellectual property from infringing websites pursuant to the UDRP, the Digital Millennium Copyright Act, and other law.

  • We have obtained unpaid royalties from record labels on behalf of numerous composers and musicians

  • We successfully litigated and obtained a five-figure settlement in a copyright infringement/breach of contract action on behalf of a musician/composer.

  • We have represented performer clients in numerous manager-performer and talent agent-performer dissolutions. In each case we successfully resolved the dissolutions without the need for trial.

  • Represented local toy importer/wholesaler who filed suit against defendant who was one of the largest privately held toy corporations in the United States for claims including trademark infringement. Firm was successful at obtaining a dismissal of the case by filing a demurrer that was granted without leave to amend as to the entire action.