Listed below are a just few of our recent representative cases:

Representative Trademark Cases

Straight Arrow Publishers Company, L.P. v. Headline News LA, et al., U.S. District Court, Central District of California (1999-2000). Represented Rolling Stone magazine and Mark Seliger in a trademark and copyright infringement action against "Headline News LA" arising out of its unauthorized reproduction, alteration and distribution of Rolling Stone's copyrighted article concerning, and photographs of, actor Brad Pitt. Case successfully resolved.

Livecast, Inc. v. CNN/SI, U.S. District Court, Northern District of California (2001-present). Representing CNN/SI in trademark and unfair competition action based on use of "livecast" on the cnnsi.com web site.

Pink Cactus Pictures v. Turner Network Television, (C.D. Cal. 2001). Successfully defended cable television network in copyright infringement, trademark infringement, and idea submission case based on documentary about Congressional Medal of honor recipients.

TNN v. Network Network, U.S. District Court, Central District of California (1998-2000). Represented The Nashville Network in a dispute over the domain name "tnn.com."

Gateway v. Cyrix, U.S. District Court, Central District of California (1996). Brought in as co-counsel in this trademark lawsuit arising out of Cyrix's use of Gateway's trademark, a Holstein cow, in advertisements depicting the cow being crushed by a Cyrix box. The case was settled as part of a global settlement of disputes between Gateway and Cyrix.

Berkeley Systems v. Delrina Corp., U.S. District Court, Northern District of California (1993). Represented Delrina in copyright and trademark infringement action arising from its "Opus 'n Bill" computer screensaver and parody of Berkeley's "flying toasters."

International Data Group, Inc. v. Ziff Davis Media Inc., U.S. District Court, District of Delaware (2001-present). Representing Ziff Davis in a pending trademark infringement action brought by IDG to stop Ziff Davis from publishing a magazine for and about CIOs -- the acronym for Chief Information Officer -- under the title CIO INSIGHT. Preliminary injunction motion successfully defended and denied.

Martha Graham School and Dance Foundation, Inc. et al. v. Martha Graham Center of Contemporary Dance, Inc. et al., U.S. District Court, Southern District of New York (2001-present). Representing defendant officers and directors in trademark and copyright action brought by Martha Graham's heir against long-standing institutions that bear her name.

Skovron v. Nickelodeon et al, U.S. District Court, Southern District of New York (2001-present). Representing defendant in case involving theft of ideas and Lanham Act claim. Plaintiff has agreed to withdraw claims after motion to dismiss was filed.

Fischer v. Viacom International et al., U.S. District Court, District of Maryland (2000). Successfully defended client against theft of ideas and Lanham Act claims arising out of children's television program "Blue's Clues." Motion to dismiss complaint granted in part; plaintiff subsequently withdrew surviving claim.

General Media Communications, Inc. v. Internet Entertainment Group, Inc. et al., U.S. District Court, Southern District of New York (1999-present). Representing plaintiff in domain name infringement and breach of contract claim.

Viacom International Inc. v. Strong Arm Entertainment, et al., U.S. District Court, District of New Jersey (1999-2000). Successfully represented plaintiff in a trademark and copyright infringement action involving plaintiff's "Rugrats" animated television series.

Guccione Media, LLC v. Listen to This, No. FA0004000094430, ICANN Dispute Policy Proceeding (May 11, 2000). Successfully challenged registration of gearmagazine.com domain name by cybersquatter. Domain name transferred to owner of GEAR trademark, publisher of Gear magazine.

Condé Nast et al. v. Netegg et al., U.S. District Court, Southern District of New York (1999). Successfully prosecuted domain name trademark infringement and dilution action on behalf of several Condé Nast magazines and regional newspapers against cybersquatters.

Mail.com, Inc. v. The Times Mirror Company, U.S. District Court, Southern District of New York (1999 - 2000). Represented defendant in a declaratory judgment action involving plaintiff's domain name "calendar.com" and defendant's "CALENDAR" trademark. Successfully settled.

Wayne Rogers v. S.S.G. Fashions, Ltd., et al., U.S. District Court, Southern District of New York (1999-2000). Represented defendant in trademark infringement and trade dress action brought by apparel designer involving "WAYNE ROGERS" and "DISCOVERIB" trademarks. Court refused to issue temporary restraining order or preliminary injunction after conducting an evidentiary hearing; case subsequently dismissed.

Kerr v. The New Yorker Magazine, Inc., et al., U.S. District Court, Southern District of New York (1998 - 99). Successfully defended magazine publisher and artist against Lanham Act and copyright infringement claims brought by artist who contended his illustration was infringed by cover illustration. Summary judgment granted for magazine and artist on all counts.

Jimlar Corporation v. Frye Electronics, Inc., U.S. District Court, Southern District of New York (1998-2000). Represented Frye in consolidated bi-coastal trademark infringement and declaratory judgment action over "Frye.com" domain name. Successfully settled, with plaintiff withdrawing complaint with no monetary payment.

Planned Parenthood Federation of America v. Bucci, U.S. District Court, Southern District of New York (1997). Represented plaintiff in trademark infringement action against anti-abortion opponent's "PlannedParenthood.com" domain name and site. Preliminary injunction granted after a two-day evidentiary hearing. In a case of first impression, the Court analyzed the application of the Lanham Act to allegedly political, non-profit speech on the Internet. The Second Circuit affirmed and awarded attorneys' fees.

Groden v. Random House, et al., 22 Media L. Rep. 2257, 32 U.S.P.Q.2d 1266 (S.D.N.Y. 1994), aff'd, 61 F.3d 1045 (2d Cir. 1995). Defended Random House, author Gerald Posner and The New York Times against state commercial misappropriation and § 43(a) false advertising claims asserted by Kennedy assassination conspiracy theorist based on an ad for the book Case Closed. The Second Circuit affirmed the district court's grant of summary judgment on all grounds in a decision that has been widely reported as significantly expanding the defense of incidental use of name and likeness in advertising.

Rotbart v. O'Dwyer, U.S. District Court, Southern District of New York (1995). Represented defendants against copyright infringement and Lanham Act claims premised on defendants' use in a newsletter and a magazine of extensive quotations taken from a speech delivered by plaintiff. The court granted defendants' motion to dismiss on all grounds.

Michigan Directory Company v. Yellow Book USA, Trademark Trial and Appeal Board (1999-2001). Successfully represented registrant in cancellation proceeding involving "LET YOUR FINGERS DO THE SURFING" trademark. Petition to cancel denied.

SNET v. Yellow Book, USA, L.P., Trademark Trial and Appeal Board (1997 - present). Representing registrant in pending cancellation action involving "TELE-PAGES" trademark.

Yellow Book USA. v. Interstate Publisher's Corp., Trademark Trial and Appeal Board (1994 - present). Representing petitioner in pending cancellation proceeding involving YELLOW BOOK trademark.

Yellow Book USA v. Interstate Publisher's Corp., Trademark Trial and Appeal Board (1996 - present). Representing opposer in companion pending opposition action involving YELLOW BOOK trademark.

Children's Defense Fund v. Cease-Fire, Inc., Trademark Trial and Appeal Board (1997). Represented applicant anti-gun violence non-profit organization in opposition proceeding concerning CEASE FIRE mark. Opposition withdrawn after entry of concurrent use agreement.

React Enterprises, Inc. v. Advance Magazine Publishers, Inc., Trademark Trial and Appeal Board (1997). Represented applicant publisher of teen magazine in opposition proceeding involving REACT trademark. Opposition withdrawn.

Capital Cities Media, Inc. v. Straight Arrow Publishers Co., L.P., Trademark Trial and Appeal Board (1995). Represented Straight Arrow in opposition action involving trademark "W". Matter successfully settled.

Multi-Local Media Corp. v. 800 Yellow Book, Inc., U.S. District Court, Eastern District of New York (1993), 813 F. Supp. 199. Represented the country's largest independent publisher of telephone directories in this action for infringement of its unregistered trademark YELLOW BOOK. After issuance of a temporary restraining order, the Court conducted a two-day evidentiary hearing and then entered a preliminary injunction. The action subsequently was successfully settled.

The Economist Newspaper Limited v. The American Economist, U.S. District Court, Southern District of New York (1994). Represented plaintiff in trademark infringement action against publisher of publication with infringing name. Matter successfully settled upon change of infringing title.

Edgar Rice Burroughs v. Condé Nast, U.S. District Court, Southern District of New York (1992). Represented defendant in preliminary injunction trademark infringement action based on Vogue fashion pictorial parodying "Tarzan and Jane" theme. Action successfully settled.

Random House, Inc. v. Publications Int'l, Ltd., U.S. District Court, Southern District of New York (1992). Represented plaintiff in trademark infringement preliminary injunction action based on baseball trading card publications. Successfully settled upon terms requiring substantial change in name of defendant's book and cover.

Morita v. Omni Publications Int'l, Ltd., 741 F. Supp. 1107 (S.D.N.Y. 1990). Defended magazine publisher against Lanham Act and copyright infringement claims brought by artist who had designed poster depicting broken glass sculpture altered by publisher. Court granted summary judgment on three of four issues finding that "sculpture" in poster was not registered, no Lanham Act violation occurred where artist's name was not used, and poster had not been mutilated under New York's moral rights law.

Citicasters Co. v. Randy Middleton, Oregon Circuit Court, Multnomah County (2001- present). Representing radio personality and owner of radio station in an action brought by Middleton's previous employer/radio station alleging that Middleton's continued use of his on-air persona, including the voices of "Evil Barney," "Manatee Man," and others, in his show at the new station constitutes trademark infringement and misappropriation of ideas.

National Mortgage Co. v. National Mortgage and Financial Svcs., U.S. District Court, Oregon (2000). Represented owner of common law rights in the NATIONAL MORTGAGE trademark in a trademark infringement action against a competing use of the same mark. Successfully enjoined the infringing use of the mark.

AANP v. American Ass'n of Naturopathic Physicians, U.S. District Court, Oregon (1999). Represented plaintiff in claims of infringement of a registered trademark and unfair competition under the Lanham Act. Obtained preliminary injunction which was affirmed by the Ninth Circuit.

Liquid Engineering v. LiquiVision Technologies, U.S. District Court, Oregon (1999). Represented plaintiff in claims for common law trademark infringement and unfair competition under the Lanham Act. Defendant was distributing a marketing and promotional video to prospective customers which displayed a trademark nearly identical to plaintiff's. Matter settled after entry of preliminary injunction.

Home Americare of California v. Bradley Medical Inc., U.S. District Court, Oregon (1998). Served as local counsel for defendant in a trademark infringement action regarding use of the mark AMERICAIR. Successfully convinced court to abstain based on related action in a separate jurisdiction.

Nike, Inc. v. Oakley, Inc., U.S. District Court, Oregon (1997). Served as local counsel for Oakley in dispute regarding use of Michael Jordan's likeness in an advertisement for sunglasses.

Universal Frozen Foods Co. v. Lamb-Weston, Inc., 697 F. Supp. 389 (D. Ore. 1987). Successfully represented a manufacturer of frozen foods against a claim of trademark rights in the shape of a food product. The District Court denied all relief requested by the plaintiff. Thereafter, case settled favorably.

Trilogy Software, Inc. v. Trilogy Development Group, Inc., U.S. District Court, Western District of Washington (2000). Represented plaintiff in dispute over rights to TRILOGY SOFTWARE trademark. Successfully settled after preliminary injunction obtained.

ePods, Inc. v. Epod Corp., U.S. District Court, Western District of Washington (2000 - 2001). Served as local counsel for Epod Corp. in dispute over EPOD mark.

Therapeutic Associates Inc. v. John Carlson, Washington Superior Court (2001-present). Representing plaintiff in case against former employees involving trademark, trade secret, duty of loyalty, unfair competition and tortious interference claims.

Canyon Creek Cabinet Company v. Millennium Cabinetry, Inc., U.S. District Court, Western District of Washington (2000). Represented plaintiff in dispute over MILLENNIUM trademark for cabinets. Defendant dropped infringing mark after motion for preliminary injunction filed.

International Lubricants, Inc. v. Enterprise Oil Co., U.S. District Court, Northern District of Illinois (1999-2000). Represented plaintiff in trademark infringement action over LUBEGARD trademark.

Marketry of Washington v. Marketry, Inc., U.S. District Court, Northern District of Illinois (2000). Represented plaintiff in trademark infringement action; defendant ceased infringing activity after complaint was filed.

Amazon.com, Inc. v. The New York Times Co., U.S. District Court, Western District of Washington (1999). Represented New York Times in dispute over Amazon.com's use of the New York Times Best Seller list. Case settled.

Acushnet Corp. v. Indarta, U.S. District Court, Western District of Washington (1999). Local counsel for manufacturer of Titleist golf clubs in trademark counterfeiting action.

Northwest Energy v. Washington Public Power Supply System, U.S. District Court, Western District of Washington (1999). Representing WPPSS in trademark infringement action by consortium of four western states.

Spyderco, Inc. v. AJ Classic Industries, LLC, U.S. District Court, District of Colorado (1999). Represented AJ Classic in trademark and trade dress infringement action.

Reed Elsevier, Inc. and Reed Elsevier Properties v. Innovator Corporation d/b/a Corporate Intelligence Corporation and The Altavista Company, U.S. District Court, Southern District of Ohio, Western Division (Dayton) (1999). Assisted Lexis-Nexis in a Lanham Act case growing out of so-called "keyword" advertising claims on the Internet and dilution allegations arising from such practice.

Boxlight Corp. v. Tandy Corp., U.S. District Court, Western District of Washington (1998). Represented Boxlight Corp. regarding infringement of its three-box logo; settled favorably.

CBS Inc. v. Casino Bar & Sports, Inc., U.S. District Court, District of Nevada (1998). Represented CBS in trademark infringement action.

Eagle & Taylor Co. v. Trinity Glass, U.S. District Court, Eastern District of Michigan (1998). Represented Trinity Glass in trademark infringement action over ASPEN mark.

Headhunters v. Berkana, U.S. District Court, Western District of Washington (1998). Served as local counsel for Berkana in internet trademark dispute.

Newell Operating Company v. Purdy Corporation, U.S. District Court, Wisconsin (1998). Represented defendant against federal and state trademark infringement and unfair competition claims asserted by fellow manufacturer of paint brushes and accessories over defendant's alleged use of "EZPainter" mark as a metatag on its web site. Case settled quickly on favorable terms.

Nextlink Communications, Inc. v. Nextlink LLC, U.S. District Court, District of Texas (1998). Represented plaintiff in trademark infringement action.

Malkan FM Associates v. Pacific Radio, Texas State Court (1998). Counsel for defendant over alleged infringement of plaintiff's claimed trademark in JAMS for radio broadcasts.

Innovator Corporation d/b/a Corporate Intelligence Corporation v. Lexis, Inc. a/k/a Lexis Nexis and Reed Elsevier, Inc. / Reed Elsevier, Inc. v. Innovator Corporation d/b/a Corporation Intelligence Corporation, U.S. District Court, Western District of Washington at Tacoma (1997). Represented Lexis-Nexis in a Lanham Act case involving allegations of false advertising.

Northwest Publications v. Surfer Publications, U.S. District Court, Western District of Washington (1997). Local counsel for defendant in dispute over titles for golf magazines.

Pacific Magazine Corp. v. Seattle Times Co., U.S. District Court, District of Hawaii (1997). Represented Seattle Times in dispute over PACIFIC MAGAZINE mark.

Reiss Media Entertainment v. 3005264 Nova Scotia, Ltd., U.S. District Court, Middle District of Florida (1997). Counsel for plaintiff concerning its REQUEST TELEVISION mark.

Burton Corp. v. Cool Beans, U.S. District Court, Western District of Washington (1996). Represented Burton Corp. in reverse gray market case involving export of snowboards to Japan.

Digital Courier Inc v. Netco. Inc., U.S. District Court, Western District of Washington (1996). Represented Digital Courier in trademark infringement action for DIGITAL COURIER mark.

World Wrapps, Inc. v. Macheezmo Mouse, Inc., U.S. District Court, Western District of Washington (1996). Local counsel for World Wrapps in dispute over WORLD WRAPPS versus GLOBAL WRAPS.

Frederick's Fine Chocolates v. Seattle Chocolate Co., U.S. District Court, Western District of Washington (1995). Represented plaintiff, manufacturer of Frango brand chocolates, in action to enforce trade dress rights in hexagonal box.

Thermo-Serv. Corp. v. Pacific Market International, U.S. District Court, Western District of Washington (1994-1995). Represented defendant in trade dress case regarding design of a plastic tumbler.

Canyon Creek Cabinet Company v. B.J. Tidwell Industries, Inc., Trademark Trial and Appeal Board (2000 - present). Cancellation proceeding.

Eternity Inc. v. Johnson, Trademark Trial and Appeal Board (1998). Cancellation action over ETERNITY mark.

CBS Inc. v. Conduit/New World Productions, Trademark Trial and Appeal Board (1997). Represented CBS in opposition to Reality Check trademark.

CBS Inc. v. King Bio Pharmaceuticals, Trademark Trial and Appeal Board (1997). Represented CBS in opposition to Rescue 911 trademarks.

CBS Inc. v. American Promotional Events, Inc., Trademark Trial and Appeal Board (1996). Represented CBS in opposition to Twilight Zone trademarks.

CBS Inc. v. D.P. Dough, Inc., Trademark Trial and Appeal Board (1995). Represented CBS in opposition to Twilight Zone trademarks.

CBS Inc v. Mercadante, Trademark Trial and Appeal Board (1993). Represented CBS in consolidated opposition and cancellation proceedings relating to Rescue 911 trademarks.

Newmarket Software v. Delphi Development, Trademark Trial and Appeal Board (1992). Petition to cancel DELPHI COMPUTERS AND PERIPHERALS mark.

Captains Table Inc. v. Ivars, Trademark Trial and Appeal Board (1988). Represented Ivars, a local restaurant chain, in a concurrent use proceeding involving the CAPTAINS TABLE mark.

Catalina Lighting Corp. v. International Development Corp., U.S. District Court, Western District of Washington (1993). Represented IDC in trademark/trade dress/copyright infringement action.

The Pacific Indians v. The Pacific Indians Association, Inc. U.S. District Court, Western District of Washington (1993). Dispute between opposing factions of social organization over rights to name of organization.

Sonotec, Inc. v. Interspec, Inc., U.S. District Court, Western District of Washington (1993). Represented defendant in Lanham Act false advertising case.

Pac-Rim Building Materials v. Pacific Rim Building Supplies, Inc., U.S. District Court, Western District of Washington (1990). Represented plaintiff with respect to infringement of PAC-RIM mark.

Volkswagen of America v. Universal Brass, U.S. District Court, Western District of Washington (1989). Counsel for VW; alleged infringement by defendant by placing VW mark on keychains.

Immunex Inc. v. Immunex Corp., U.S. District Court, Western District of Washington (1988). Local counsel for defendant.

Pabst Brewing Co. v. Seattle Times, Co., U.S. District Court, Western District of Washington (1987). Counsel for Seattle times in suit alleging infringement of plaintiff's slogan "It's the water" by use of slogan in editorial cartoon.

Volkswagen of America v. Burien VW, U.S. District Court, Western District of Washington (1987). Counsel for VW over use of its VW and related marks.

Virginia Mason v. Issaquah Medical Center, King Co. Washington Supreme Court (1987). Counsel for plaintiff concerning its ISSAQUAH MEDICAL CENTER mark.

Volkswagen of America v. Competition Motors, U.S. District Court, Western District of Washington (1986). Counsel for VW over use of its VW and related marks.

Private Productions v. J.C. Penney, U.S. District Court, Western District of Washington (1985). Local counsel for defendant in dispute over FRAGILE mark for clothing.

REPRESENTATIVE COPYRIGHT INFRINGEMENT/OWNERSHIP DISPUTES

Feltner v. Columbia Pictures Television, U.S. Supreme Court (1998); Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc., U.S. Court of Appeals for the Ninth Circuit, U.S. District Court, Central District of California (1996 - 2000). Lead trial and appellate counsel for Columbia Pictures Television in this copyright infringement action against the former owner of television stations WNFT, WTVX and WABM that broadcast over 400 episodes of syndicated television programs after their licensing agreement with Columbia expired. After Columbia prevailed in a bench trial, the U.S. Supreme Court remanded the case to the federal district court for a jury trial. The jury ultimately awarded Columbia over $31 million, the largest statutory copyright damages judgment in history.

Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994). Submitted amicus-curiae brief on behalf of HBO, Comedy Central, Mad Magazine, Fox and NBC in "Pretty Woman" copyright infringement case before the U.S. Supreme Court in support of the "fair use" parody defense.

Laparade v. Columbia Pictures Industries, Inc., U.S. District Court, Central District of California (2000- present). Obtained an order in favor of Columbia Pictures Industries, Inc. enjoining two lawsuits in Mexico concerning ownership of 39 motion pictures staring the late Mexican actor "Cantinflas" and directing that all claims regarding those pictures, including claims to "restoration rights" under 17 U.S.C. 104A, be litigated in Los Angeles federal court. Obtained a favorable judgment in the first trial phase that the producer of the films is the "author" initially entitled to restored copyrights in the films.

Columbia Pictures Industries v. Galaxy Publishing, et al., U.S. District Court, Central District California (2000-present) and Aratow, et al. v. Sony Corp., et al., Los Angeles Superior Court (1999-present). Multi-forum dispute between Hollywood studio and erstwhile producer (and his alter-ego company) regarding trademark, copyright, and contractual rights in the entertainment property known as Sheena, Queen of the Jungle. Among other issues, the dispute involves claims for cyberpiracy and also involves interpreting the scope of existing intellectual property rights transfer agreements to newly developed media.

Blue Horizon v. Cohen, California Superior Court, Los Angeles Co. (2000- present). Representing Turner Network Television in theft of ideas case arising from motion picture screenplay.

Pink Cactus Pictures v. Turner Network Television, (C.D. Cal. 2001). Successfully defended cable television network in copyright infringement, trademark infringement, and idea submission case based on documentary about Congressional Medal of honor recipients.

Premiere Radio Networks v. Broadcast Data Systems, (C.D. Cal. 2000). Defended radio airplay monitoring service in Lanham Act trade label and false advertising case arising from humorous comparative advertising campaign.

Straight Arrow Publishers Company, L.P. v. Headline News LA, et al., U.S. District Court, Central District of California (1999-2000). Represented Rolling Stone magazine and Mark Seliger in a copyright and trademark infringement action against "Headline News LA" arising out of its unauthorized reproduction, alteration and distribution of Rolling Stone's copyrighted article concerning, and photographs of, actor Brad Pitt. Case successfully resolved.

Brower v. E! Entertainment Television, California Superior Court and Court of Appeal (2000). Defended cable television network and obtained directed verdict after three-week jury trial, including directed verdict based on copyright preemption, in idea submission case involving E!'s program "Fashion Emergency;" appeal pending.

H&K v. Cable News Network, U.S. District Court, Central District of California (1999). Represented CNN in a copyright infringement and breach of contract action filed by the promoter of O.J. Simpson's pay-per-view "tell-all" interview program. Case was resolved after defendant filed motion for summary judgment.

Martin v. Turner Publishing, Inc., U.S. District Court, Northern District of California (1999). Represented Turner Publishing in copyright dispute involving the use of photographs appearing in Sinatra: Portrait of the Artist.

Smith v. RTV News, Inc. et al., U.S. District Court, Southern District of California (1999). Represented RTV News Inc., Paramount, and Viacom in an action for copyright infringement, misappropriation, and invasion of privacy based on "Real TV's use of an excerpt of videotape of killer whale attack. The matter was resolved.

Pritz v. Paramount Pictures Corp., et al., U.S. District Court, Central District of California (1998-2000). Represented Paramount, Viacom, and Globe in a copyright infringement action arising from various news organization's use in news reports of brief excerpts from a copyrighted videotape of Monica Lewinsky's eighth grade graduation ceremony. Case was resolved after hearing on Globe's motion for summary judgment.

Shapiro v. Condé Nast Publications, et al., U.S. District Court, Central District of California and Ninth Circuit Court of Appeal (1998-2000). Represented Condé Nast Publications, publisher of Vanity Fair, and author Gore Vidal in a copyright infringement and theft of ideas action filed by a historian who claimed that Vidal appropriated his theories in a Vanity Fair article. The court granted defendants' motion for summary judgment and dismissed plaintiff's claims. The Ninth Circuit affirmed.

Bret Michaels v. Internet Entertainment Group/Pamela Anderson v. Paramount Pictures Corp., U.S. District Court, Central District of California (1998). Represented Paramount in this copyright infringement, misappropriation, and invasion of privacy action arising from "Hard Copy's" use in a news report of excerpts from Anderson's copyrighted home sex video. The Court granted Paramount's motion for summary judgment and dismissed all claims against Paramount. Lee agreed to forego her appeal in exchange for Paramount's waiver of fees and costs.

Fleet v. CBS, California Superior Court, Los Angeles Co. (1995 - 1998). Represented CBS in this lawsuit for misappropriation and other torts arising from plaintiffs' assertion that their likenesses and script were used in a film distributed by CBS, but they were not paid for their work. Plaintiffs' primary claims were disposed of by a motion for summary judgment on copyright preemption, which was affirmed by the Court of Appeal in a published decision. 50 Cal. App. 4th 1911 (1997).

Rice v. Turner Broadcasting, U.S. District Court, Central District of California (1997). Represented Turner in this theft of ideas action, in which plaintiff alleged that Turner stole his idea for a children's interstitial called "Have You Ever Wondered." The matter was resolved for a nominal sum.

Winston and Harris v. Universal City Studios, Inc., et al., Los Angeles County Superior Court (1995). Represented Dark Horse Comics, Dark Horse Entertainment, and Dark Horse employees in a lawsuit based on plaintiffs' allegations that the movie "Time Cop" was taken from their script. After defendants filed multiple summary judgment motions, the matter was resolved.

Holliday v. CNN, U.S. District Court, Central District of California and Ninth Circuit (1992-1994). Represented CNN and TBS in copyright infringement litigation over videotape of beating of Rodney King.

Meifert v. E! Entertainment Television, California Superior Court, Los Angeles Co. (1995). Represented E! in this lawsuit, in which plaintiff claimed that E! used one of her copyrighted photographs without permission. The matter was resolved for a nominal amount.

LanShark v. Toucan Software, U.S. District Court, Central District of California (1995). Represented defendant against claims for copyright infringement arising from defendants' alleged use of computer codes in a software package. Plaintiff moved for a preliminary injunction; following briefing on the motion, the matter was resolved.

Mascott v. HBO, U.S. District Court, Central District of California (1994). Represented HBO in this lawsuit, in which plaintiff claimed that his copyrighted footage was used by HBO in a documentary without his permission. Resolved following discovery.

Don Guest v. Philip Finch, et al., U.S. District Court, Central District of California (1994). Represented author Philip Finch in this lawsuit for theft of ideas, in which Disney and others were also named as defendants. The matter was dismissed after resolution of the claims between the studio and plaintiff.

Ramey v. E! Entertainment, U.S. District Court, Southern District of New York (2001). Represented defendant in copyright infringement claims arising out of the use of photographs in news story. Successfully settled.

Martha Graham School and Dance Foundation, Inc. et al. v. Martha Graham Center of Contemporary Dance, Inc. et al., U.S. District Court, Southern District of New York (2001-present). Representing defendant officers and directors in trademark and copyright action brought by Martha Graham's heir against long-standing institutions that bear her name.

Video-Cinema Films, Inc. v. Cable News Network, Inc., U.S. District Court, Southern District of New York (1998 - present). Defending CNN in a copyright infringement action arising from CNN's use of a 14-second film clip in a news report on the death of actor Robert Mitchum. Motion by CNN for summary judgment on fair use grounds is pending.

Richard Feiner And Company, Inc. v. CNN, et al, U.S. District Court, Southern District of New York (1997 - present). Representing CNN in a copyright infringement suit arising from CNN's use in its program Showbiz Today of a 7 second clip from a Laurel & Hardy film.

Bader v. Random House, Southern District of New York (2001). Defended Random House and author Stefan Kanfer in a copyright infringement action in which plaintiff claimed Random House's collection of short pieces by and about Groucho Marx infringed plaintiff's competing compilation. Matter successfully settled.

Kane v. Comedy Central, The Daily Show, U.S. District Court, Southern District of New York (2000 - present). Representing defendant, The Daily Show, in pending copyright infringement action involving Show's use of a clip from plaintiff's public access television program.

Image One v. Yellow Book USA, Inc., et al, U.S. District Court, District of Nevada (2001). Represented Yellow Book USA in copyright infringement suit involving allegedly infringing display ads appearing in local New York telephone directories. Plaintiff agreed to voluntarily dismiss its suit in Nevada for lack of personal jurisdiction.

Zen Music v. Sunday Productions, Southern District of New York (2000). Defended Sunday Productions and one of its composers against copyright infringement claims involving Sunday Production's successful advertising jingle, "One at A Time," written for CVS. Successfully settled with plaintiff agreeing to drop the action without any payment or other benefit from defendants.

Havens v. Viacom, Inc., et al., U.S. District Court, Southern District of New York (2000). Represented Viacom, VH1 and MTV in a copyright infringement action arising out of the use of a video clip of Havens' performance of his musical composition, "Freedom," at the original Woodstock in the "VH1 Behind the Music: Woodstock" documentary. Successfully settled.

Viacom International Inc. v. Strong Arm Entertainment, et al., U.S. District Court, District of New Jersey (1999 - 2000). Successfully represented plaintiff in a trademark and copyright infringement action involving plaintiff's "Rugrats" animated television series.

Klinko v. E! Entertainment Television, Southern District of New York (1998). Defended E! in a copyright infringement action in which plaintiff claimed that E!'s use of a magazine cover that included one of his photographs infringed his copyright. The matter was resolved before discovery for a nominal amount.

Bell South Advertising & Publishing Corporation v. Yellow Book of Florida Directories, U.S. District Court of Florida, Southern Division (1999 - 2000). Represented defendant against copyright infringement claims involving display advertisements appearing in "yellow pages" telephone directories. Matter successfully settled.

Barnes v. Viacom, et al., Supreme Court, N.Y. Co. (1998 - 2000). Defended Viacom, MTV and Nickelodeon in a theft of ideas action, where plaintiff claimed that a "Nick Jr." television show designed for pre-schoolers is "inspired and based upon" a proposal for a television show that plaintiff alleges she submitted to Nickelodeon. Upon the filing of a motion to dismiss the claim, plaintiff withdrew complaint. Court subsequently rejected (and awarded sanctions for) plaintiff's attempt to file another complaint.

Kerr v. The New Yorker Magazine, Inc., et al., U.S. District Court, Southern District of New York (1998-1999). Successfully defended magazine publisher and artist against Lanham Act and copyright infringement claims brought by artist who contended his illustration was infringed by cover illustration. Summary judgment granted for magazine and artist on all counts.

Boisson v. Reed Int'l Books, Ltd., U.S. District Court, Eastern District of New York (1995). Defended author and publisher of book against copyright infringement claims brought by quilt designer. Matter successfully settled.

Lewin v. Liberty Lobby, Inc., et al, U.S. District Court, District of Columbia (1993). Represented author of Report from Iron Mountain in copyright claim against Liberty Lobby and related entities for unauthorized reproduction of book. Settled for substantial payment obtained after plaintiff's submission of summary judgment motion.

Condé Nast v. Compagnie Generale D'Edition et de Presse, U.S. District Court, Southern District of New York (1992). Prosecuted copyright infringement action on behalf of British Vogue against the publishers of Paris Match magazine and its distributors. Paris Match had obtained and was threatening to distribute unauthorized "outtake" photographs taken of the British royal family in violation of Vogue's exclusive arrangement with Buckingham Palace. On a day's notice, obtained a preliminary injunction against all defendants and thereafter successfully settled the matter.

Love v. Kwitny, 772 F. Supp. 1367 (S.D.N.Y. 1991). Defended the author of Endless Enemies against libel and copyright infringement claims asserted by a New York Times reporter based on language taken from plaintiff's unpublished manuscript. The libel claims were dismissed prior to trial and minimal damages awarded on the copyright claim following a trial.

Brown et al. v. Mojo Records et al., U.S. District Court, Oregon (2001-present). Representing Mojo Records and the Cherry Poppin' Daddies in a copyright action brought by former band members for royalties allegedly due based on album sales.

Lyra Productions America v. Allegro Corp., U.S. District Court (2001-present). Representing plaintiff record label in copyright infringement action against distributor for alleged unauthorized distribution of label's titles.

IIS LLC v. Siemens S.A. de C.V., et al., U.S. District Court, Western District of Washington (2001). Represented Mexican subsidiary of Siemens in lawsuit raising copyright, trade dress, and trade secret claims with respect to computer software. Defeated motion for preliminary injunction.

Whitney v. Rondor Music International, Inc., d/b/a Irving Music, Inc., U.S. District Court, Western District of Washington (2000 - 2001). Defended music publishing company in infringement dispute over song performed by George Michael; settled after defense summary judgment motion filed.

Glass & Door International, Inc., et al. v. The Home Depot, Inc. et al., U.S. District Court, Southern District of Texas (1999 - 2001). Defended supplier of leaded glass doorlites to Home Depot against copyright infringement claim.

Darryl Lemon v. Prince Rogers Nelson, U.S. District Court, Western District of Washington (1997 - 2000). Defended Prince and Warner Bros. Records in action alleging that Prince's song "I Hate U" infringes plaintiff's unreleased song.

Fastcap, Inc. v. MB Design, U.S. District Court, Western District of Washington (2000). Successfully settled copyright infringement and ownership dispute shortly after substituting in as counsel.

Scott C. Irons v. Traho Architects, P.S., et al., U.S. District Court, Eastern District of Washington (1999 - 2000). Represented defendant architect in alleged infringement of copyright in building design; settled for nominal sum.

Sullivan Publications, Inc. v. King of the Road Map Service, U.S. District Court, Western District of Washington (1998). Represented defendant in map copyright infringement action.

Physician Micro Systems, Inc. v. Randak Systems, Inc., AAA arbitration (1998). Represented software developer in copyright ownership and royalty accounting dispute.

Westmedia Corp. v. Sternwheeler Publishing Co., U.S. District Court, Western District of Washington (1996). Represented defendant in newspaper advertising copyright infringement action.

Hendrix v. Branton, U.S. District Court, Western District of Washington (1993, representation began 1995). Represented third party U.K. record producer Daniel Secunda in dispute over copyright ownership of Jimi Hendrix works.

Reinhall v. Campbell Soup Co. and Backer, Spielvogel, Bates, Inc., U.S. District Court, Western District of Washington (1994-95). Represented Campbell Soup and its advertising agency in a copyright and trademark infringement suit over artwork used in an advertisement.

Warren Publishing House, Inc. v. RCL Enterprises, Inc., U.S. District Court, Western District of Washington (1993-94). Represented producers of Barney the Dinosaur in three-way dispute over ownership and infringement of copyright in the song, "I Love You."

Fourgen Software, Inc. v. Concept Dynamics, Inc., U.S. District Court, Western District of Washington (1993). Represented plaintiff in software copyright infringement action.

Oxford Group, Inc. v. Cambridge Institute, U.S. District Court, Western District of Washington (1993). Represented third party distributor Professional Education Systems, Inc. in copyright infringement action.

REPRESENTATIVE PATENT CASES

Microsoft Corp. v. Timeline, Inc., King County Superior Court (1999 - 2000). Lead counsel for Microsoft (as licensee) in action to construe a patent license, for breach of the license, and for breach of the covenant of good faith and fair dealing. Obtained judgment for Microsoft at trial.

Asian Communication Pty Ltd and Tegic Communications, Inc. v. Zi Corporation, U.S. District Court, Northern District of California (2000 - present). Representing plaintiffs in patent infringement claims regarding text entry on reduced keyboards.

Zi Corporation of Canada v. Tegic Communications, Inc., U.S. District Court, Western District of Washington (1999 - present). Representing defendant against claims that software for stroke-based entry of Chinese characters infringed patent.

K-2 Corporation v. Rollerblade, Inc., et al., U.S. District Court, Western District of Washington (2001). Local counsel for Rollerblade in patent infringement claims relating to in-line skates.

In re Agribiotech, Inc., Federal Bankruptcy Court, Nevada (2000). Represented owner/licensor of grass seed varieties protected under the Plant Variety Protection Act in an action requiring the debtor-in-possession to reject its executory licenses. Successfully settled on favorable terms.

Brandt's Fruit Trees, Inc. v. Jose Cervantes et al., U.S. District Court, Eastern District of Washington (1996-1999). Represented defendant nurseryman in action alleging infringement of plant patent on Pink Lady apple. Matter subsequently settled.

CMB Indus. v. Watts Indus., U.S. District Court, Western District of Washington. (1996-1999). Served as local counsel for defendant in patent infringement suit concerning backflow prevention devices. Subsequently settled.

Wall Data v. OpenConnect Systems, U.S District Court, Western District of Washington (1998-1999). Served as local counsel for OpenConnect in software patent infringement action.

Attachmate v. OpenConnect Systems, U.S. District Court, Western District of Washington (1998-1999). Served as local counsel for OpenConnect in software patent infringement action. Matter subsequently transferred to U.S. District Court, Northern District of Texas.

Apex PC Solutions v. Cybex Corp., Apex PC Solutions v. Rose Electronics, U.S. District Court, Western District of Washington (1998-1999). Served as local counsel for plaintiff in patent infringement action.

Washington Research Foundation v. British Technology Group, Arbitration (1999). Represented Washington Research Foundation regarding royalty revenue allocation and product infringement analysis of multiple claims for a combined patent estate licensed to American Home Products over sales of Factor IX for a rare form of hemophilia.

Research Corp. Technologies v. Yang Laboratories, U.S. District Court, Western District of Washington (1990-91). Acted as local counsel for plaintiff in patent infringement lawsuit. Patent concerned human prostate specific antigen. Case settled after extensive discovery.

Quintero-Smith, Inc. v. Herman Miller, Inc., et al., U.S. District Court, Central District of California (2000- present). Representing defendants Herman Miller, Inc. and Miller SQA, Inc. in a patent infringement case involving "expert system" software in the modular office furniture industry.

Tegic, Inc. v. Zi Corporation, et al., U.S. District Court, Northern District of California; related proceedings in U.S. District Court, Western District of Washington (2000- present). Representing plaintiff Tegic, Inc. in a patent infringement case involving software for inputting textual characters on a reduced keyboard.

Planet U, Inc. v. coolsavings.com, Inc., U.S. District Court, Northern District of California (2000). Represented defendant and counterclaimant coolsavings.com, Inc. in patent infringement litigation involving an internet coupon distribution software program.

Meltec v. Lazerton, U.S. District Court, Northern District of California (1996). Represented defendant in patent infringement action involving claims regarding electronic carnival games. Case subsequently settled.

FMC Corp. v. Up-Right, Inc., 816 F. Supp. 1455 (N.D. Cal. 1993). Represented FMC Corp., the manufacturer of food machinery, in a patent case involving the repair/reconstruction doctrine.

REPRESENTATIVE TRADE SECRET CASES

Bay Guardian Publishing, Co. v. Castillo, San Francisco Superior Court (2000-2001). Represented newspaper in dispute involving the alleged theft of proprietary business information (valued at $6 million) by former employee who left to join competitor. Obtained injunctive relief for the Guardian.

Catalog Partners v. Unapix Entertainment, Inc. Los Angeles County Superior Court, California (1999). Represented Unapix Entertainment in a suit regarding the use of alleged trade secrets (concerning direct mail marketing of video cassettes) which were allegedly obtained pursuant to Unipix hiring a former employee of plaintiff.

DSC Communications Corporation v. Advanced Fibre Communications, Inc., et al., U.S. District Court, Eastern District of Texas (1994-2000). Represented Advanced Fibre Communications, Inc., the developer and seller of advanced telecommunications equipment, in seven cases involving claims of alleged theft of trade secrets and patent infringement.

IMSI v. MicroPro, et al., California Superior Court, Marin County (1990). Successfully defended Seymour Rubinstein, the creator of the then-largest selling word processing program in the world, against claims of theft of trade secrets.

Pacific Office Automation v. CNC Business Machines, Inc., Oregon Circuit Court, Washington County (2001-present). Representing defendants against allegations of unfair trade practices, intentional interference with business relations and misappropriation of trade secrets, including customer lists, costs and pricing materials.

Precision Lumber Co. v. Fletcher Challenge Forests Ltd., U.S. District Court, Oregon (2000- present). Representing New Zealand defendant regarding claims of theft of trade secrets comprised of manufacturing processes disclosed during acquisition discussions.

Kinetic Systems, Inc. v. California Bridge & Iron, Inc., U.S. District Court, Puerto Rico (1999-2000). Served as lead counsel in a theft of trade secrets case involving construction processes for high-tech silicon and biopharm plants. Settled after extensive discovery.

Temco Metal Products v. GT Development Corp., Oregon Circuit Court, Multnomah County (1999-2000). Represented plaintiff in claims of inevitable trade secret misappropriation regarding sophisticated gasoline caps. Case settled after securing preliminary injunction.

AFA, Inc. and Klamath Blue Green Inc. v. Rhino Enterprises, Oregon Circuit Court, Klamath County (1998). Served as trial counsel in a case involved allegations of breach of non-compete, theft and misappropriation of trade secrets, including business methods and spray freeze-drying technologies.

Europress Software Ltd. v. Micromedia Publishers, Inc. et. al., U.S. District Court, Oregon (1996-1997). Represented U.K. plaintiff in theft of trade secrets case regarding computer software. Settled after discovery.

Viacom, Inc. v. Hollywood Entertainment Corp., U.S. District Court, Oregon (1995-1996). Represented plaintiff Blockbuster in claims of inevitable disclosure of trade secrets based on defendant's hiring key employees of plaintiff. Obtained expedited discovery order and case settled prior to trial.

Farberware v. Whitford, U.S. District Court, Eastern District of Pennsylvania (1993). Represented plaintiff Farberware in claims of theft of trade secrets comprised of a formula for non-stick coatings. Obtained preliminary injunction, after which case settled.

Battelle Memorial Institute v. James A. Wise, U.S. District Court, Eastern District of Washington (1999). Represented plaintiff in action for misappropriation of trade secrets in computer software.

Boss Game Studios, Inc. v. Snowblind Studios, Inc., Washington Superior Court (1998). Represented plaintiff in action for misappropriation of trade secrets in video game.

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