Admitted to Practice | New York, 1996 | | U.S. Court of Appeals 2nd Circuit | | U.S. Court of Appeals 9th Circuit |
| Lance Koonce centers his litigation practice on intellectual property issues, in particular copyright and trademark matters, for media-related clients in industries including publishing, music, television and film. Lance has extensive experience analyzing the intellectual property implications of new content-delivery technologies as well as emerging media categories. He advises on Internet and high-technology matters, with a particular focus on trade secrets and online privacy and security issues. Lance is the founder of the firm's Privacy and Security Law Blog. Selected Experience Conde Nast Ongoing Represented Conde Nast in action brought under anti-cybersquatting prevention provisions of Lanham Act against notorious domain name infringer, and in subsequent interpleader action regarding collection of damage award. 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. Haberman Ongoing Successfully appealed to New York Court of Appeals to overturn dismissal of litigation over denial of building permit, where zoning board of appeals disavowed litigation agreement to extend zoning variance. In issue of first impression, Court of Appeals held that counsel for zoning board could bind the board by signing stipulation, and that no additional public hearing was required. Rose Group Park Avenue Ongoing Representation of catering company operating under shared space arrangement with historic church, in petition to overturn denial of license application. McIntosh & Otis, Inc. Ongoing Representing literary agents in copyright action involving termination rights and the John Steinbeck literary properties. Summary judgment dismissing all claims granted. 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. John Doe 2010 Successfully moved to quash subpoena seeking private information of individual posting anonymously on Internet message boards regarding public company, on First Amendment grounds. Derek Andrew, Inc. 2009 Represented clothing designer in infringement litigation against department store and its vendors regarding house brand clothing incorporating copyright-protected beading design and heart, wing and crown design trademark. DLA Piper 2009 Represented DLA Piper U.S., LLP, in New York state court, successfully defeating the petitioner’s motion for pre-action discovery in aid of framing a complaint for libel arising from the publication of an allegedly false and defamatory article about the petitioner, who was a party to a federal discrimination lawsuit. Supreme Court of the State of New York, New York County, Index No. 08100448. Thomas Nelson, Inc. 2009 Defended book publisher in copyright infringement litigation involving alleged re-use of illustrations in medical book; case involved novel issues regarding use of illustration software to create line drawings from photographs. Diaz 2008 Represented employee in litigation brought by former employer for breach of noncompete and misappropriation of trade secrets. Derek Andrew, Inc. 2008 Represented clothing designer in a trademark infringement litigation against manufacturer using counterfeit hangtags. Damages claims tried before U.S. District Court of the Western District of Washington and affirmed by 9th Circuit. 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. Time Inc. 2008 Represented magazine publishers in copyright and trademark infringement action against website described as "Napster for the magazine industry." Mourant Financial Service 2006 Defended Mourant Financial Services in financial services industry against claims involving misappropriation of trade secrets. adidas America, Inc. 2006 Defended adidas America in trademark infringement suit arising from use of plaintiff charity’s trade name and logo in nationwide advertising. Case 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. Advance Magazine Publishers, Inc. 2006 Defended Advance Magazine Publishers, Inc., owners of the website Brides.com, in trade secret litigation brought by the owner of the website TheKnot.com. 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. St. Martin's Press 2002 Defended publisher in trademark infringement action arising out of the use of plaintiff's song title as the title for a book series. Summary judgment granted. 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. PolyGram Records 2000 Represented PolyGram Records in a breach of contract action brought by the Ohio Players with regard to PolyGram's right to license certain master recordings produced under an exclusive recording agreement for use in connection with television advertisements. Additional Qualifications Professional and Community Activities
- Contributor and Founding Editor, Privacy and Security Law Blog
- Former Secretary, Committee on State Courts of Superior Jurisdiction; Member – New York City Bar Association
- New York State Bar Association
- Copyright Society of the United States
- Pelham Community Rowing Association
- Elder, Huguenot Memorial Presbyterian Church
- Guest Lecturer, "Internet's impact on the Publishing industry," Masters in Publishing Program, New York University, 2006
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Education J.D., University of North Carolina School of Law, 1996, with honors B.A., English, Duke University, 1988, with honors * Denotes experience completed at a prior firm | |