Alonzo Wickers IV

Successfully defended Comedy Central, South Park Digital Studios, and other defendants against a copyright-infringement claim arising from "South Park's" parody of the Internet viral video "What What in the Butt." The district court granted the defendants' motion to dismiss, finding that "South Park's" use of the plaintiffs' video was protected as a fair use under the Section 107 of the Copyright Act. The court also granted the defendants’ fee motion. Plaintiffs appealed the dismissal to the 7th Circuit, which affirmed the district court’s "well-reasoned and delightful opinion," and unequivocally held that "South Park's" parody was a fair use. Importantly, the 7th Circuit instructed that the fair-use defense may be decided without discovery in appropriate cases – something that other circuits have resisted – enabling content creators to avoid long and burdensome litigation. (E.D. Wis., 7th Cir. 2012)

Successfully defended Electronic Arts against former NFL star Jim Brown’s Lanham Act claims, which arose from EA’s alleged use of his likeness in its Madden NFL video game. The district court granted EA’s motion to dismiss, finding that the use was protected under the First Amendment. Brown appealed, and the matter is pending before the 9th Circuit. (C.D. Cal., 9th Cir., Ongoing)

Defended BET and Film Garden Entertainment in a copyright-infringement action arising from the use of plaintiff’s fashion photographs in a reality-television series. The case was resolved days after BET and Film Garden filed their motion for summary judgment. (C.D. Cal. 2012)

Successfully defended McGraw-Hill against two copyright-infringement lawsuits based on use of allegedly copyrighted material in book. The district court granted McGraw-Hill's motion to dismiss and awarded McGraw-Hill its attorneys' fees. The 9th Circuit dismissed plaintiff's appeal. (C.D. Cal., 9th Cir. 2011)

Defended Gawker Media in a copyright-infringement lawsuit filed by actors Eric Dane and Rebecca Gayheart, based on Gawker.com's publication of a news item that included a clip from a videotape showing the couple and another woman naked. In December 2009, the district court granted Gawker's motion to strike plaintiffs' claims for statutory damages and attorneys' fees. Case subsequently was resolved. (C.D. Cal. 2010)

Leading team representing EA in the 9th Circuit in key right-of-publicity case. The district court denied EA's special motion to strike the plaintiff's claims arising from EA's use of the former college quarterback's likeness in its NCAA Football video game. The case, which was consolidated for appeal with Brown v. EA, pits the game publisher's First Amendment rights against celebrities' right of publicity. The 9th Circuit has taken both matters under submission. (C.D. Cal., 9th Cir. Ongoing)

IP and First Amendment counsel to the Entertainment Software Association, the trade association that represents major video-game publishers in the United States. Worked with the ESA on proposed right-of-publicity bills in Michigan, Indiana, Massachusetts, New Hampshire, and New York, encouraging lawmakers to afford video games the same protections as other expressive works. Testified before legislative committees, met with lawmakers, submitted written comments to proposed legislation, and helped formulate ESA's strategy. ESA’s efforts have been opposed by professional athletes’ union and by SAG. (Ongoing)

Successfully defended The Topps Company against right-of-publicity claims filed by astronaut Buzz Aldrin arising from Topps' use of Aldrin's name and likeness in the Topps American Heritage: American Heroes trading-card set and on the cover, and packaging of that work. The court recognized (for the first time within the 9th Circuit) that trading cards are constitutionally protected expressive works, granted Topps' anti-SLAPP motion, and dismissed the claims. Aldrin agreed to dismiss his appeal in exchange for Topps’ waiver of its right to recover fees. (C.D. Cal., 9th Cir. 2012)

Successfully defended Lionsgate against right of publicity claims arising from use of convicted terrorist’s likeness in motion picture "The Next Three Days." The defendant contended that the film’s producer should have obtained permission to use his likeness on a watch list used as a prop. The court granted Lionsgate’s anti-SLAPP motion, entitling Lionsgate to a fee award, and dismissed the lawsuit. (Cal. Super. Ct. 2012)

Defended Microsoft against right-of-publicity, false light, and unfair competition claims arising from MSN.com article that used plaintiff’s likeness without his permission. The court granted Microsoft’s anti-SLAPP motion, finding that MSN.com’s conduct was protected under California’s anti-SLAPP statute and that plaintiff could not show a probability of prevailing on any of his claims. (Cal. Super. Ct. 2012)

Defended Lionsgate against right-of-publicity and unfair-competition claims arising from the use of actor Jesse Eisenberg's name and likeness on the cover of a DVD release of the film "Camp Hell." The matter was resolved during the appeal of an order denying Lionsgate's anti-SLAPP motion (Cal. Super. Ct., Cal. Ct. App., 2013)

Represented several video game publishers as amici counsel in connection with rehearing petition in 9th Circuit in right-of-publicity case arising from the use of Paris Hilton's likeness on a parodic greeting card. The court modified its original opinion, adopting amici's arguments. (9th Cir. 2010)

Successfully defended MTV Networks against idea-submission claims arising from hit reality series "Jersey Shore." After allowing plaintiff extensive discovery, the court granted MTVN’s motion for summary judgment, finding that VH1 had independently created the series without using plaintiff’s idea that allegedly was pitched to MTV. The court also found that plaintiff lacked standing to assert his implied-in-fact contract claim. Plaintiff has appealed. (Cal. Super. Ct. Cal. Ct. App. Ongoing)

Defended MTV Networks and Randy Jackson against breach of implied-in-fact contract and other idea-submission claims arising from the reality-television show "America's Best Dance Crew." The case was resolved several days after MTV filed its motion for summary judgment based on independent creation and the statute of limitations. (Cal. Super. Ct. 2011) Read more

Successfully defended Showtime Networks against idea-submission lawsuit filed by woman who pitched idea for online reality program. Court sustained Showtime's demurrer to complaint without leave to amend, and entered judgment in favor of Showtime. Plaintiff dismissed her appeal voluntarily. (Cal. Super. Ct., Cal Ct. App. 2010)

Successfully defended Bauer, publisher of "In Touch Weekly," in a defamation lawsuit filed by soccer star David Beckham over article reporting on alleged tryst with a call girl. In Touch was awarded its attorneys' fees under California's anti-SLAPP statute. The 9th Circuit dismissed Beckham's appeal on jurisdiction grounds. (C.D. Cal., 9th Cir. 2013)

Successfully defended Penguin and author Jillian Shriner against defamation, invasion of privacy, and other claims arising from the use of the plaintiff's photograph in a promotion for book "Some Girls: My Life in a Harem," which recounted the author's experiences in a royal harem in Brunei. The court granted Penguin and Ms. Shriner's anti-SLAPP motion and dismissed all of the plaintiff's claims with prejudice. (Cal. Super. Ct. 2012)

Successfully defended Simon & Schuster and child star Jodie Sweetin against false-light lawsuit filed by her ex-husband based on her memoir. The plaintiff dismissed his lawsuit with prejudice after defendants filed their anti-SLAPP motion. (Cal. Super. Ct. 2011)

Successfully represented Wenner Media, publisher of "Us Weekly," in persuading the Court of Appeal to overturn a trial court's order denying the magazine's special motion to strike a former employee's $55 million lawsuit for defamation and other torts. On remand, the trial court awarded Wenner Media its attorneys' fees. (Cal. Super. Ct., Cal. Ct. App. 2009)

Defended CNN and Larry King against defamation lawsuit filed by actress Lynn Redgrave's ex-husband, based on statements about their divorce proceedings made on "Larry King Live." The 9th Circuit affirmed the district court's order dismissing the lawsuit. (C.D. Cal., 9th Cir. 2007)

Successfully defended "Us Weekly" against libel claim by Britney Spears. The court granted the magazine's anti-SLAPP motion, dismissed the lawsuit, and awarded the magazine its attorneys' fees. (Cal. Sup. Ct. 2007) Read more

Provide pre-broadcast counseling and production legal services for television networks and production companies, documentarians and others, including Comedy Central, Showtime, ITV America, Adult Swim, truTV, HBO, Lionsgate, FishBowl, Magical Elves, Titmonte, Starburns, Abso Lutely, and Disarming Films. Work on projects including, "South Park," "Tosh.0," "Californication," "House of Lies," "Dexter," "Kitchen Nightmares," "Car Chasers," "Cold Justince," "China, IL," "Nathan for You," "Review with Forrest MacNeil," "Rick and Morty," "Metalocalypse," "Black Dynamite," "Upload with Shaquille O'Neal," "West of Memphis," and "Unlawful Killing." (Ongoing)

Successfully represented "The Press-Enterprise" in Public Records Act lawsuit resulting in judgment compelling public agency to release information about pensions paid to retired public employees. The court subsequently awarded "The Press-Enterprise" 100% of its requested fees. (Cal. Super. Ct. 2011)

Represented Los Angeles Times and argued before Court of Appeal in case arising from sealing of court records relating to high-profile divorce. The Court of Appeal recognized that successor judges have broad rights to vacate sealing orders and affirmed order granting public access to court file. 186 Cal. App. 4th 1566 (2010)

Successfully defended MTV Networks in an invasion of privacy, trespass, and negligence lawsuit arising from the production and broadcast of the popular reality television series "The Hills." MTV moved to strike the plaintiff-homeowner's claims under California's anti-SLAPP statute. After the court dismissed the privacy and trespass claims the homeowner voluntarily dismissed all of his claims against MTV to avoid liability for MTV's attorneys' fees. (Cal. Super. Ct. 2010)

Petitioned Court of Appeal for emergency writ to vacate prior restraint against newspaper. The court granted the newspaper's petition and issued a published opinion reaffirming the strong constitutional presumption against prior restraints. (Cal. Super. Ct. 2008)

Successfully defended "BusinessWeek" reporter who was subpoenaed to testify by Mattel in multibillion-dollar civil lawsuit arising from ownership of Bratz dolls. Relying on First Amendment reporter's privilege, the court denied Mattel’s motions to compel and motions for reconsideration before the discovery master, and Mattel's motions asking the district court judge to reverse the master's orders. (C.D. Cal. 2008)

Represented The Copley Press, publisher of the "San Diego Union-Tribune," in a Public Records Act lawsuit against San Diego State University. The courts ordered the university to release several documents, and awarded the newspaper its attorneys' fees and costs. 132 Cal. App. 4th 889 (Cal. Super. Ct., Cal. ct. App. 2005)

Represented the California Newspaper Publishers Association as amicus curiae in an important newspaper adjudication case. The Court of Appeal allowed CNPA to participate in oral argument and issued a published decision adopting CNPA's position. 127 Cal. App. 4th 836 (Cal. Ct. App. 2005)

Obtained important published decision from the Court of Appeal, reversing a trial-court order denying attorneys' fees to a successful plaintiff in a Brown Act open-meetings case. 112 Cal. App. 4th 1313 (Cal. Super. Ct., Cal. Ct. App. 2003)