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Admitted to Practice

  • New York, 1996
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals Federal Circuit
  • U.S. District Court Eastern District of New York
  • U.S. District Court Southern District of New York

Lance Koonce

KoonceLance
Partner
T212.603.6467
F212.489.8340
Lance Koonce focuses his practice on intellectual property and technology, and acts as litigator and advisor for clients in the media, advertising, and consumer products fields, and has extensive experience analyzing the implications of emerging technologies. As a litigator, he has over 20 years of experience trying complex commercial cases in state and federal court, including jury trials. Lance writes and speaks frequently on IP and technology issues, and leads DWT’s cross-practice Blockchain and Distributed Technologies initiative. He is the founder of the Creative Block(chain) blog, which focuses on how blockchain technology intersects with the creative industries.

Representative Experience

Resolute Forest Products, Inc. et al. v. Greenpeace International, et al.

Representing Greenpeace in defamation and nominal RICO action brought by forestry company arising from Greenpeace’s speech about the impact of company’s activities on the environment. Successfully moved to transfer case from federal court in Georgia to California; motion to dismiss and motion to strike under anti-SLAPP statute are pending. (S.D. Ga. 2016; N.D. Cal. 2017)

Montauk Juice v. Starbucks

Represented Starbucks in trademark infringement action brought by owner of purported mark UNICORN LATTE complaining of Starbucks’ limited time offer of a beverage named “Unicorn FRAPPUCCINO.” (E.D.N.Y. 2017)

T-4 v. McDonald’s Corporation, et al.

Successfully defended McDonald’s Corporation and advertising agency Leo Burnett Company Inc. against claims that an advertising campaign conceived by Burnett for McDonald’s infringed on plaintiff’s registered trademarks and copyright. The court granted defendant’s motion to dismiss in its entirety. Case on appeal to the 9th Circuit. (9th Cir. Ongoing)

Goldman v. Advance Publications, Inc. et al.

Representing publisher in copyright infringement action arising from photograph of Tom Brady assisting the Boston Celtics recruit Kevin Durant, where the photograph was posted on Twitter, and tweets about the photograph were subsequently embedded by multiple news websites. (S.D.N.Y. 2016)

Asia TV USA Ltd. v. Kamran International Trade Limited

Representing five television broadcasters and DISH Network in copyright and trademark infringement action against manufacturer and distributor of “Crown IPTV” set-top box. (E.D.N.Y. Ongoing)

China Central Television et al. v. Create New Technology et al.

Represented Chinese television broadcasters and DISH Network in copyright and trademark infringement action against manufacturer and distributor of “TVpad” set-top box, found to stream infringing content to users in the United States; secured award of $55 million in damages. Litigating related case in bankruptcy court. (C.D. Cal. 2017; M.D. Fla. Bankr. Ongoing)

Steinbeck v. McIntosh & Otis, Inc., Estate of Elaine Steinbeck, et al.

Represented literary agency in copyright litigation involving John Steinbeck literary properties. Case dismissed in district court, on appeal to the 9th Circuit. (9th Cir. Ongoing)

Moore v. Viacom International, Inc.

Defending Viacom in Trademark Trial and Appeal Board trademark opposition proceeding brought by performing artist Sam Moore in connection with "The Soul Man" television series on TVLand. (Ongoing)

Institute for New Economic Thinking, Inc. v. Glow Media & Marketing, Inc. et al

Represented not-for-profit in litigation over return of domain names from consultant. (S.D.N.Y. 2015)

Madyun v. Fuse Advertising, Inc.

Defended advertising agency in connection with right of publicity claims stemming from social media advertising campaign. (N.Y. Sup. Ct. 2015)

Spokeo, Inc. v. Thomas Robins

Submitted amicus brief on behalf of a group of eight media amici urging the U.S. Supreme Court to overturn the 9th Circuit's ruling allowing a class action alleging violations of the Fair Credit Reporting Act to go forward without any allegation of an "injury in fact" for standing under Article III of the U.S. Constitution, and highlighting the damage to media companies caused by class actions where plaintiffs leverage technical violations of privacy statutes to threaten enormous statutory damages, severely impacting those companies' business models, and chilling speech. (U.S. 2015)

Poquito Mas v. Taco Bell

Represented Taco Bell in trademark infringement action brought by Poquito Mas alleging that Taco Bell’s use of the slogan "LIVE MÁS" infringes the POQUITO MAS trademark. (C.D. Cal. 2014)

Email hacking matter

Represented international corporation in connection with hacking of sensitive corporate email accounts. (2014-2015)

In re National Security Letter (Under Seal v. Holder)

Submitted amicus brief challenging the constitutionality of the FBI’s efforts to collect information about activities protected by the First Amendment and to impose a perpetual, blanket gag order on the recipient. (9th Cir. 2014)

Cyber-extortion matter

Represented large social media site in connection with cyber-extortion threats. (2013)

First Unitarian Church of Los Angeles v. National Security Agency

Submitted amicus brief on behalf of PEN American Center highlighting the chilling effect of NSA’s sweeping collection of metadata on writers. (N.D. Cal. 2013)

Munchkin Inc. v. Playtex Products LLC

Represented Playtex in false advertising jury trial involving advertising superiority claims as to the parties’ respective infant care products. (C.D. Cal., 9th Cir. 2011-2013)

Oracle America, Inc. v. Google Inc.

Submitted amicus brief on behalf of former Register of Copyrights supporting Oracle's position in copyright infringement action that menu command structure of software is protectable expression under Copyright Act. (2013)

Willagirl LLC v. The Wella Corporation

Represented The Wella Corporation in a trademark infringement suit arising out of Willagirl LLC’s proposed use of the “Willa” trademark on hair care, skin care, and related beauty products. (S.D.N.Y. 2011)

Clifton Mallery v. NBC Universal

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 by the 2nd Circuit; certiorari petition denied. 2009 WL 1532494 (2d Cir. 2010) Read more

Salinger v. Colting

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)

Derek Andrew, Inc. v. Poof Apparel Corp.

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. 528 F.3d 696, 87 U.S.P.Q.2d (9th Cir. 2008)

Jonesfilm v. Lions Gate Entertainment

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. 299 F.3d 134 (2d Cir. 2002), 65 F. App'x 361 (2d Cir. 2003) (2d Cir., 9th Cir. 2008)

Time Inc., et al. v. Budd, et al.

Represented magazine publishers in copyright and trademark infringement action against website described as 'Napster for the magazine industry.' (S.D.N.Y. 2008) Read more

Shine v. David M. Childs and Skidmore, Owings & Merrill

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. 382 F. Supp. 2d 602 (S.D.N.Y. 2006)

Estate of J.R.R. Tolkien v. Perry

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. (W.D. Wash. 2003)

Professional & Community Activities

  • Co-chair, Law & Technology Committee, New York County Lawyers Association
  • Member, Federal Bar Association
  • Former Chairman and Member of Grants Committee; Member – Copyright Society of the United States
  • 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
  • Elder, Huguenot Memorial Presbyterian Church
  • Spring Gala Committee, Pelham Picture House
Recognized as a "Top Author" by JD Supra
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