Getty Images Inc.
Ongoing
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. Motion to dismiss pending.
BBCWA, British Broadcasting Corporation
Ongoing
Representing 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 pending.
NBBJ
Ongoing
Representing defendant in copyright infringement action involving a skyscraper complex built in Moscow based upon a design by NBBJ. The developer’s former Dutch architectural firm first arbitrated against the developer in Stockholm. That firm then sued NBBJ as successor architect for infringement of its architectural plans and works. Case on suspense calendar.
The Hershey Company
Ongoing
Representing 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.
Harold Ober Associates
Ongoing
Representing 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. Case pending.
NBC Universal
2010
Represented NBC in a copyright action brought by plaintiffs claiming that the television program "Heroes" infringes 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.
Dish Network LLC
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.
Draft FBC
2009
Represented Draft FCB 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 crack addicts. Case settled.
Friendly Family Productions
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 Web site from which it was selling branded merchandise. The case was settled on the eve of trial.
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.
The Australian Broadcasting Corporation
2009
Defended the Australian Broadcasting Corporation against claims of defamation and copyright infringement allegedly arising from television program about plaintiff's credentials as a media expert concerning counter-terrorism in Afghanistan and related Web postings. Motion to dismiss granted; appeal to 2nd Circuit dismissed.
British Broadcasting Corporation Worldwide
2008
Represented BBCWorldwide in an action alleging, inter alia, breach of contract involving the right to distribute music from the BBC pop and rock archives. BBCW prevailed after trial.
Simon & Schuster
2008
Defended author Mary Higgins Clark and publisher Simon & Schuster, among others, in a copyright infringement action arising out of Ms. Clark's novel "The Second Time Around." Summary judgment for defendants.
Lions Gate Entertainment
2008
Represented Lions Gate and other defendants in an action instituted by Jonesfilm for alleged infringement of its claimed trademark in the title of the motion picture "9 1/2 Weeks"; involved prequel rights; tried before IFTA after two 2nd Circuit appeals; confirmed and affirmed on appeal to 9th Circuit.
Viacom, Inc.
2008
Obtained summary judgment in favor of defendants creator, animation studio, distributor and licensor of franchised animated cartoon character SpongeBob Squarepants and television series in copyright infringement case involving claims of stand-alone character protection and story line infringement; 9th Circuit affirmed.
Echostar Satellite Corporation Grp.
2007
Represented Echostar Satellite Corporation Grp. in declaratory judgment actions raising issue of whether use of competitor's trademark as a search term is a trademark use and/or trademark infringement; defeated motion to dismiss; thereafter settled.
David M. Childs and Skidmore, Owings & Merrill
2006
Represented architectural firm that designed original Freedom Tower in action involving alleged copyright infringement of architectural design of Yale architecture student. Settled after motion to dismiss granted in part.
NBC Universal
2006
Represented NBC in a copyright infringement action brought by plaintiff freelance photographer who filmed the Taliban burning incident in Afghanistan; NBC asserted fair use defense. Successfully settled, during pendency of motion for judgment on the pleadings.
Atari Incorporated
2005
Defended Atari on T.R.O. and preliminary injunction regarding termination of copyright and trademark licenses for video games.
Liberation Publications
2004
Obtained dismissal on appeal of libel and right of publicity claims arising out of use of plaintiff's photograph on cover of novel allegedly falsely implying he was homosexual.
Atari Incorporated
2003
Represented Atari in an action for breach of distributorship agreement and fraud regarding license to manufacture and distribute video games; judgment for plaintiff.
Estate of J.R.R. Tolkien
2003
Represented the Estate of J.R.R. Tolkien as plaintiff in a copyright infringement action against Inkling Books based on chronology of "Lord of the Rings." Preliminary injunction granted; settled thereafter.
Simon & Schuster
2003
Represented Simon & Schuster, Inc., the author and other defendants in two actions, one alleging copyright infringement by use of printouts allegedly generated from plaintiff's computer software programs in the book "The Bible Code," and the second for breach of an alleged agreement to credit the programmer in the book. Won summary judgment for defendants in copyright action and partial summary judgment on contract action and later prevailed on remaining claims in contract action.
British Broadcasting Corporation (BBC)
2001
Defended the BBC against copyright infringement, defamation, and Lanham Act moral rights claims arising from BBC documentary regarding gun running in Florida for the IRA. Song used by New York Irish radio station as theme song plays in documentary without synch license. Defamation claim dismissed; thereafter settled.
Paramount Pictures
2001
Defense of trademark action brought by heirs of science fiction writer who authored a story called "First Contact," which plaintiffs claimed was infringed by Paramount's release of "Star Trek: First Contact." Summary judgment for defendants, affirmed on appeal.
Topps, Inc.
2001
Represented Topps, Inc. as co-plaintiff, together with other trading card companies, in a declaratory judgment action against Upper Deck Trading Cards involving Upper Deck's claim of trade dress exclusivity with respect to the use of an aperture to display memorabilia in trading cards. Case settled.
Boosey & Hawkes Music Publishers Ltd.
2000
Represented music publishers in a case alleging foreign copyright and Lanham Act moral rights violations arising from the videocassette release of "Fantasia," which incorporated the copyrighted musical work "The Rite of Spring" by Igor Stravinsky. Summary judgment for plaintiff; affirmed in part, received in part on appeal.
Hill Holliday, Connors Cosmopulos Inc., Spalding, Inc.
2000
Represented Hill Holliday, Connors Cosmopulos and Spalding in an action for unfair competition instituted by EMI Music Publishing in connection with a television commercial for Spalding golf clubs which used music that allegedly sounded like a musical composition for which EMI owned the copyright. The 2nd Circuit reversed the grant of summary judgment to defendants, but held that in a case of first impression, a song could not function as a trademark.
Blockbuster Videos, Inc.
1999
Successful constitutional challenge to zoning ordinances on grounds that they were pre-empted by a section of the Lanham Act prohibiting state statutes or regulations that cause the alteration of trademarks used in interstate commerce. Affirmed on appeal.
Music Sales Corp.
1999
Represented Music Sales Corporation as plaintiff in a declaratory judgment action against the heirs of Billy Strayhorn and the former executor of his estate regarding the validity of certain purported terminations of transfers of renewal copyrights in some of Strayhorn's musical compositions. Case settled.
NY Magazine
1998
Represented New York Magazine in an action against the Metropolitan Transit Authority for civil rights violations because of the MTA's decision to remove a series of advertisements from the outside of New York City buses on the complaint of then-Mayor Rudy Giuliani that they violated his right of publicity. Judgement for plaintiff, affirmed on appeal.
Parfums De Coeur, Ltd.
1997
Represented Parfums in an action for false advertising based on competitor's comparative advertisements for alternative designer fragrances and defended antitrust counter-claim.
Simon & Schuster, Inc.
1997
Represented Simon & Schuster and Dr. William Bennett in a suit against Dove Audio for trademark infringement and unfair competition, in connection with the trademark of "The Book of Virtues." Prevailed after trial.
James Lipton
1995
False advertising and copyright infringement based on taking Lipton's compilation of animal terms of venery for use on merchandise. Summary judgment for plaintiff; affirmed in relevant part on appeal.