Marcia B. Paul

Representing Getty Images in a trade dress infringement action alleging photographic images in the company's database depicting plaintiff's tree-shaped car freshener products constitute infringement of its product configuration trademark. (N.D.N.Y. Ongoing)

Representing NBBJ, a Seattle based architectural firm, in a copyright action brought by a Dutch architect alleging that NBBJ’s architectural design for a multi use residential and commercial skyscraper complex in Moscow, infringes the Dutch architect’s earlier design for that project. Plaintiff brings claims for copyright infringement under both United States and Russian copyright law and for unfair competition under the Lanham Act. NBBJ was retained by the Russian developer, The Capital Group, and furnished with some preliminary plans, apparently prepared by the Dutch architectural firm. NBBJ made very substantial changes to the plans and the building was thereafter built in Russia. Plaintiff's predecessor–in–interest (who thereafter filed for bankruptcy in a Dutch receivership proceeding) brought an arbitration against the Russian developer in Stockholm, Sweden and prevailed on a claim under Russian law for copyright infringement. The case is in the discovery phase. (S.D.N.Y. Ongoing)

Representing Playtex in a second action brought by Munchkin -- also a direct competitor of Playtex with respect to sippy cups -- involving Munchkin's claim that Playtex's advertising superiority claim '#1 Sippy Cup' is false and misleading advertising under both the Lanham Act and California state law. (C.D. Cal. Ongoing)

Representing Playtex in an action brought by Munchkin, a direct competitor of Playtex in the infant care products market, involving each side's claim that the other has engaged in false advertising under the Lanham Act and California state law. (C.D. Cal. Ongoing)

Representing MTV and Viacom as defendants in a trademark infringement action brought by plaintiff, a disc jockey who claims to have done business for many years under the name and mark DJ Paulie, in connection with the character DJ Pauly D. in the program Jersey Shore, aired on MTV Networks. (D. Conn. Ongoing)

Representing Skidmore, Owings & Merrill, in a Lanham Act and copyright infringement action against a former employee of that firm, Jay Marshall Strabala, in connection with false and misleading statements he has made to the effect, inter alia, that he is the architect and designer of three of the ten of the world’s largest skyscrapers, when in fact those projects were designed by SOM. Mr. Strabala was but one of literally hundreds of team members on those projects and was never in a managerial role with respect to same. In furtherance of the statements, he is using copyrighted architectural plans and photographs, all rights in and to which belong to SOM under the copyright laws, as part of his various sales pitches and presentations. No answer has as yet been filed. (S.D.N.Y. Ongoing)

Represented a series of Indian film production and distribution companies in an action for copyright infringement involving a Hindi-language motion picture entitled 'Singh is Kinng' instituted by the purported owner of copyright interests in several prior works. Case settled. (S.D.N.Y. 2011)

Represented the BBC and BBCWA in a copyright infringement and theft of ideas action brought by an individual alleging that the TV series 'The Great American Road Trip' infringes his format for a reality television program allegedly submitted to the Travel Channel and retransmitted to the BBC. Motion to dismiss granted. 2010 U.S. Dist. LEXIS 103153 (E.D.N.Y. 2010)

Represented NBC in a copyright action brought by plaintiffs claiming that the television program 'Heroes' infringed their copyright in a documentary and manuscript about their lives as divination artists. Summary judgment granted for defendants; affirmed to the 2nd Circuit; certiorari petition denied. 2009 WL 1532494 (2d Cir. 2010)

Represented Dish Network in a false advertising action by DirecTV involving commercials for competing satellite television services; temporary restraining order against Dish denied and case thereafter settled. (S.D.N.Y. 2010)

Represented The Hershey Company in a copyright and trade dress infringement action by Mars against Hershey in connection with television commercial for and packaging of Hershey's BLISS chocolate. Case settled. (E.D. Va. 2010)

Represented J.D. Salinger in a copyright infringement action against the author, publisher and distributor of a self-proclaimed sequel to 'The Catcher in the Rye.' Motion for preliminary injunction was granted and appealed to the 2nd Circuit where the matter was vacated and remanded. Permanent injunction entered; case settled. 641 F. Supp. 2d 250 (S.D.N.Y., 2d Cir. 2010)

Represented DraftFCB in an action for defamation and violation of sections of the New York Civil Rights Law. Action brought by two professional models alleging that use of their photographs in an advertisement for agencies involved in counseling addicts defamed them by implying that they were former meth addicts. (S.D.N.Y. 2009)

Represented Friendly Family Productions, the owner of the trademark and merchandising rights in the famed book and television series each titled 'Little House On The Prairie,' against a corporation operating a small museum and gift shop on what is alleged to be the historic site of a venue described in the book and television series, which had launched a website from which it was selling branded merchandise. The case was settled on the eve of trial. (C.D. Cal. 2009)

Represented defendant publishers in an action for copyright infringement regarding the licensing of a passage from a copyrighted work for inclusion in standardized tests. Case settled. (S.D.N.Y. 2009)