Represented DC Comics in this copyright infringement case filed against an unknown leaker of unreleased images from “The Watchmen” comic. DC Comics learned that someone had accessed its servers and distributed the images online. Through DMCA subpoenas, investigations, and this case, we identified the infringer and were able to prevent further access to the server. The case was settled favorably for the client.

Represented Warner Bros. in this case brought against a cybersquatter who had registered 102 domain names based on the Harry Potter property. We obtained a decision ordering the transfer of all of the domain names.

Representing Zynga Inc. in the Northern District of California to protect its trademark rights in the WITH FRIENDS family of brands against an online and mobile “dating” application under the name “Bang With Friends.” Negotiated a favorable settlement. Zynga Inc. v. Bang With Friends, Inc., No. 13-3517 (N.D. Cal. filed July 30, 2013).

Defended Apple Inc. (Apple) in Carl Sagan’s defamation action based on Apple’s use of Sagan’s name as a product word, and later renaming code word “BHA” at Sagan’s request (BHA was later revealed to stand for “Butt Head Astronomer”). Complaint was dismissed at pleadings stage after several attempts by Sagan to state a valid claim (Butthead ruled not defamatory as not provable as a true or false statement).

Filed complaints and applications for temporary restraining orders and seizure orders against various retailers, wholesalers, and importers of counterfeit goods in Los Angeles on behalf of our clients. The court granted the orders, and the seizure orders were executed simultaneously by U.S. Marshals at over 30 locations in and around the toy district in downtown Los Angeles. Pursuant to the seizure, over 150,000 counterfeit toys and novelty items were seized on behalf of the plaintiffs. Among the defendants was a large-scale counterfeiter, which had violated a permanent injunction entered against it in a previous litigation. We filed a motion for an order finding this defendant in contempt of the permanent injunction. The court granted this motion and issued a $3.6 million damage award.

Represented Saban Entertainment Inc. (Saban) against claims of copyright infringement, unfair competition, and breach of contract. The plaintiff, a graphic designer, claimed that he was the copyright owner of the Mighty Morphin Power Rangers logo. On behalf of Saban, we filed a motion for summary judgment, arguing that the work was a work made for hire, or in the alternative, was assigned to Saban pursuant to a written agreement. The district court granted Saban's motion for summary judgment and awarded Saban its attorneys' fees and costs. The district court's decision was affirmed by the Ninth Circuit and the Supreme Court denied plaintiff's Petition for Writ of Certiorari. Dees v. Saban Entertainment, Inc., 1997 U.S. App. 34129 (9th Cir.).

Defended Apple in a trademark infringement action brought by Bob Dylan regarding Apple’s “DyLan” computer software language (which Apple claimed was a contraction of “Dynamic Language”). Dylan claimed that his music was sold on CDs, as was Apple’s computer language, making the types of goods related enough for a strong likelihood of confusion. Settled favorably despite difficult facts discovered in internal discovery (eg, “Woodstock”, “Hendrix,” and “Joplin” were other names used by Apple for elements of the software package).

Represented the International Anticounterfeiting Coalition, Inc. in the Ninth Circuit and filed an Amicus Brief on behalf of numerous intellectual property owners seeking to overturn a lower court's decision that flea market owners could not be liable for the infringing acts of flea market vendors. The Ninth Circuit, relying on our brief, held that flea market owners can be found liable for contributory and vicarious copyright infringement resulting from the sale by its vendors of counterfeit merchandise. The Ninth Circuit further stated that a flea market owner "cannot disregard its vendors' blatant trademark infringements with impunity," and that a flea market owner can be held liable for contributory trademark infringement. Fonovisa, Inc. v. Cherry Auction, Inc., 76 F.3d 259 (9th Cir. 1996).

Represented DC Comics, Disney, Nike, and Warner Bros. in a lawsuit against a swap meet owner and its vendors based on the sale of counterfeit and infringing merchandise on the swap meet's premises. Relying on the landmark Fonovisia v. Cherry Auction decision, the action against the swap meet owner was based on contributory and vicarious copyright infringement and contributory trademark infringement. We successfully resolved this matter with the swap meet owners adopting a three strikes policy wherein they agreed to evict any tenant who has sold or offered for sale infringing merchandise after the third such occasion. Time Warner Entertainment, Co., L.P. v. B.C.P. Toys, Inc., 2000 U.S. App. LEXIS 4989 (9th Cir.).

Filed suit against the defendant for trademark infringement and unfair competition based on his unauthorized sale and distribution of apparel bearing Polo's trademarks. While litigating the action, we discovered that the defendant had received in excess of $14 million from the sale of counterfeit shirts. The cases proceeded to trial. Several days into the trial, the defendant agreed to settle the case on terms favorable to our client. After the defendant failed to pay the required settlement amount, Polo discovered that the defendant had funneled assets to other sources. We obtained a TRO freezing his assets. The defendant violated the TRO and continued to funnel assets. We filed a motion for an order finding the defendant in contempt, and the Court sent the defendant to jail for civil contempt.