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Advertising, Marketing & Promotions

Advertising advice for Cablevision/Newsday

Providing advice to newspaper publisher in connection with advertising issues. (Ongoing)

Advertising advice for Hill Holliday Connors Cosmopulos

Representation of advertising agency with respect to all aspects of the agency's operations, including agency-client agreements, advertising clearance, talent agreements, and advice on sweepstakes and contests. (Ongoing)

Backpage.com LLC v. Cooper et al.

Represent Backpage.com in its constitutional challenge to T.C.A. § 39-13-314, which makes it a felony to "sell[] or offer[] to sell" certain advertisements. Court granted motion for preliminary injunction. (Ongoing)

Consumer protection, marketing, and privacy, and anti-money laundering

Counseling clients on web and mobile payment regulatory compliance matters, including FFIEC compliance, the Fair Credit Reporting Act, the Gramm-Leach-Bliley-Act, the Fair Debt Collection Practices Act, federal and state money transmitter laws, UDAAP, and the Bank Secrecy Act. (Ongoing)

Discount Tobacco City & Lottery, Inc. v. U.S.

Submitted amicus briefs in Supreme Court, Sixth Circuit and district court in support of First Amendment rights of marketers and advertisers against advertising, marketing, and packaging provisions of Family Smoking Prevention and Tobacco Control Act. (Ongoing)

Mortensen v. Bresnan Communications

Representing Internet service provider Bresnan Communications in federal privacy lawsuit challenging the use of ad-targeting technology. Won dismissal and currently on appeal to the 9th Circuit. (D. Mont.; 9th Cir. Ongoing)

Privacy requirements for advanced advertising platforms for interactive and advanced advertising vendors, cable MSOs

Development of 'privacy by design' architectures and practices to meet federal, state and business privacy requirements for advanced advertising platforms. Representing a co-venture of major cable television operators in building a national platform for advanced advertising. Representation in privacy inquiries at FTC, Department of Commerce privacy 'Green Paper,' developing federal privacy and data security legislation. (Ongoing)

Sponsorship agreements for The Color Purple LLC and The Color Purple National Tour #1 LLC

Representation of theatrical producer in negotiation and drafting of sponsorship agreements. (Ongoing)

Summit Media v. City of Los Angeles

Representing Clear Channel Outdoor in litigation pending in the Central District of California concerning Los Angeles outdoor advertising ordinances. (Ongoing)

Sweepstakes/contest advice for Bauer Publishing

Providing advice to magazine publisher concerning sweepstakes and contests. (Ongoing)

Talent agreements for Grey Global Group Inc.

Representation of advertising agency in negotiation of agreements with a variety of major celebrities. (Ongoing)

Talent agreements for Procter & Gamble

Representation of P&G beauty brands in connection with negotiation and drafting of major celebrity talent agreements. (Ongoing)

Trademark and content protection

Advises and represents clients in intellectual property protection and litigation, opposing trademark and copyright infringement, and other unauthorized uses of content. Also defends against trademark oppositions. Has secured dismissals and settled numerous cases favorably out of court. (Ongoing)

Valentine v. Nebuad

Obtained dismissal on lack of jurisdiction, on behalf of Internet service provider Bresnan Communications in federal privacy lawsuit challenging the use of deep-packet inspection technology (2009). Won dismissal of sister-case in Montana and currently on appeal in the 9th Circuit. (Ongoing)

Backpage.com LLC v. McKenna et al.

Represented Backpage.com in its constitutional challenge to Washington SB 6251, which made it a felony to knowingly publish, disseminate, display, or to "directly or indirectly" cause offending content to be published. Secured temporary restraining order and preliminary injunction enjoining enforcement of law based on court's finding that SB 6251 was likely preempted by section 230 of the Communications Decency Act and violated the First and Fourteenth Amendments and Commerce Clause of the United States Constitution. State thereafter stipulated to permanent injunction and paid $200,000 in attorneys’ fees. (2013)

GlaxoSmithKline v. Prestige Brands

Successfully represented challenger GlaxoSmithKline before NAD with respect to claims that Prestige Brand's Efferdent PowerClean Crystals denture cleanser killed 10x more odor-causing bacteria and was 10x more effective overall than GSK’s Polident denture cleanser brand. (NAD 2013)

Auerbach et al. v. Pizza Hut, The Interpublic Group of Companies, The Martin Agency, and Thirtieth Century Music

Defended suit brought by owners of all copyright interests in "Gold on the Ceiling," written and performed by The Black Keys, alleging copyright infringement of their music by reason of use of allegedly substantially similar music in audio background of television commercial for Pizza Hut Cheezy Bites. Case settled. (C.D. Cal. 2012)

Davis v. Avvo, Inc.

Represented lawyer ratings website on unfair competition, misappropriation, and related claims brought by disgruntled attorney. Court granted special motion to strike the complaint under Washington's anti-SLAPP statute, awarding the defendant its attorneys' fees and the $10,000 statutory penalty. (W.D. Wash. 2012)

Funspire Interactive v. mywaves, Inc.

Successfully defended mobile content provider in breach of contract action involving advertising on mobile devices. (2012)

Leatherman Tool Group, Inc. v. Coast Cutlery Corp.

Represented Leatherman Tool Group in a false advertising claim against its competitor Coast Cutlery for false statements made by Coast regarding the steel used in its knives. (D. Or. 2012)

Retailer's customer loyalty and rewards program

Represented large multi-store retailer in creating and launching a customer loyalty program throughout China, including online customer interface, information privacy and security and back-end data processing. (2011)

Sorrell v. IMS Health Inc.

Submitted amicus brief in the U.S. Supreme Court in support of First Amendment rights of marketers and advertisers against Vermont statute requiring "opt-in" for any use of prescriber-identifiable data regarding prescription drug information. The Court held 6-3 that the state cannot restrict commercial speech for being too persuasive. Read the amicus brief. (U.S. 2011)

Clear Channel Outdoor, Inc. v. The City of New York

Major First Amendment challenge to New York City's prohibition against outdoor advertising along its arterial highways. (2d Cir. 2010)

DirecTV v. Dish Network

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. (S.D.N.Y. 2010)

Simpson Strong-Tie v. Gore

Obtained unanimous California Supreme Court decision affirming the summary dismissal by the trial and appellate courts of a trade libel lawsuit arising from a plaintiff class action attorney's constitutionally-protected efforts to locate potential class representatives, which established the precedent that the 'commercial speech' exemption (CCP 425.17(c)) to California's anti-SLAPP statute is to be narrowly construed to protect First Amendment activities. 49 Cal. 4th 12 (2010)

Christoff v. Nestle USA, Inc.

Represented media coalition (Los Angeles Times Communications LLC, The Hearst Corporation, Viacom, Inc., The Associated Press, The California Newspaper Publishers Association, The California First Amendment Coalition, The Reporters Committee for Freedom of the Press and The Association of Alternative Newsweeklies) in amicus brief submitted to the California Supreme Court. The Court unanimously held that the single publication rule applies to misappropriation claims in California. 47 Cal. 4th 468 (2009)

Friendly Family Productions v. Little House on the Prairie, Inc.

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 website from which it was selling branded merchandise. The case was settled on the eve of trial. (C.D. Cal. 2009)

Customer loyalty programs for major oil company

Advice concerning customer loyalty programs. (2008)

Customer loyalty programs for Starbucks Coffee Company

Advice concerning customer loyalty programs. (2008)

Entertainment transactions for Digitas

Representation of digital marketing firm in various talent deals, license agreements and other transactions relating to branded entertainment projects. (2007-2008)

Formation of venture for Procter & Gamble

Representation of TAG brand in connection with formation of 'Tag Records' hip-hop record label in venture with Island Def Jam Music Group, and related intellectual property matters. (2008)

Music library license agreements for Discovery Communications

Representation of network in negotiating music license agreements with several music library owners. (2008)

Music publishing agreement for Discovery Communications

Representation of network-owned music publishing company in administration agreement with owner of substantial publishing catalog. (2008)

NAD Case: Challenge brought by Pennzoil Quaker State Company against BP American, Inc.

Successfully represented the challenger, Pennzoil-Quaker State, with respect to motor oil advertising for Castrol that claimed superiority to our client's motor oil brand. (N.A.D. 2008)

NAD Case: Chase Bank USA, N.A. v. DFS Services LLC

Successfully represented challenger, Chase Bank USA, with respect to comparative advertising claims for the Discover card cash-back program. (N.A.D. 2008)

Direct TV v. EchoStar Communications Grp.

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. (S.D.N.Y., C.D. Cal. 2007)

Guthy-Renker Corporation v. Halogent LLC d/b/a Exposed Skin Care

Trademark, false advertising and copyright infringement dispute over defendant's keying search engine advertisements to searches on plaintiff's PROACTIV trademark, and content of defendant's website. Successfully settled. (C.D. Cal. 2007)

Gutierrez v. Autowest, Inc. and AutoNation, Inc.

Complete defense verdict after trial of a consumer class action alleging violations of the Vehicle Leasing Act and the Consumer Legal Remedies Act (false advertising claim). 114 Cal. App. 4th 77 and S.F. County (Cal.) Super. Ct. 2007

Music library license agreement for Smithsonian Networks

Representation of network in negotiating music license agreement with music library owner. (2007)

NAD Case: Challenge against Target Corporation brought by Merz Pharmaceuticals, LLC

Successfully represented Target Corporation in defense of its use of 'compare to' on packaging for store-brand products using the name of a nationally known brand in the same product category. (N.A.D. 2007)

Subscription solicitation advice for Martha Stewart Living Omnimedia, Inc.

Provided advice to magazine publisher concerning subscription solicitations. (2007)

Break The Cycle v. adidas America

Defended adidas America in trademark infringement suit arising from use of plaintiff charity's trade name and logo in nationwide advertising. Case settled. (S.D.N.Y. 2006)

NAD Case: Challenge brought by Avent American, Inc. against Playtex Products, Inc.

Successfully represented Playtex Products in a challenge brought by Avent regarding claims for the colic-reducing properties of its competitive baby bottle systems. (N.A.D. 2006)

NAD Case: Challenge brought by Verizon Communications, Inc. against Adelphia Communications Company

Successfully represented Adelphia Communications Company in defense of various comparative advertising claims as a result of promotional pricing and speed claims for its Internet access service. Main claims found substantiated. (N.A.D. 2005)

Sale of business for Obie Media

Acquisition of a media company. (2005) Read more

NAD Case: Challenge brought by Playtex Products, Inc. against Dorel Juvenile Group, Inc.

Successfully represented challenger, Playtex Products, with respect to odor containing claims for the advertiser's diaper disposal system. (N.A.D. 2004)

Seattle Gourmet Foods, Inc. v. The Bon, Inc.

Represented former manufacturer of Frango chocolates in trademark, trade dress, trade secret and false advertising dispute involving rights to make a competing chocolate under the Frederick & Nelson trademark. Case ended in confidential settlement. (King Cnty. (Wash.) Super. Ct. 2004)

Verizon Directories Corp. v. Yellow Book USA, Inc.

Represented Yellow Book USA in a false advertising and product disparagement action brought by Verizon Directories Corp. concerning Yellow Book's advertisements and sales practices. Secured dismissal of product disparagement claim and successfully settled false advertising claim. 338 F. Supp. 2d 422 (approving settlement) and 309 F. Supp. 2d 401 (granting in part motion to dismiss) (E.D.N.Y. 2004)

Wham-O, Inc. v. Paramount Pictures

Successfully defended Paramount Pictures in trademark, dilution and unfair competition lawsuit based on alleged misuse of Slip 'N Slide yard toy in motion picture and associated advertising and interactive website game, establishing precedent for the unauthorized use of trademarked products in entertainment. 101 F. App'x 248 (9th Cir. 2004) Read more

NAD Case: Cross challenges brought between Schering-Plough and Playtex Products, Inc.

Successfully represented Playtex Products, Inc. as both challenger and advertiser with respect to cross-challenges regarding the parties' competing sunscreen products. (N.A.D. 2003)

Jane Doe v. Merck & Co.

Successfully vacated a $2 million punitive judgment against pharmaceutical manufacturer Merck & Co. and its advertising agency, in a libel and right of publicity action based on use of a model's photograph in promotional brochure for an anti-AIDS drug. (N.Y. Super. Ct. 2002)

Lacoff v. Buena Vista Publishing

Secured First Amendment protection for statements on the covers of the 'Beardstown Ladies' books in a class action alleging consumer fraud for erroneously reporting the ladies' stock-market returns. (N.Y. Sup. Ct. 2001)

EMI Music v. Spalding, Inc., et al.*

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 that 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. (2d Cir. 2000)

Prima v. Darden Restaurants, Inc.*

Represented Grey Advertising and Darden Restaurants in defense of an action for violation of the right of publicity of the deceased performer Louis Prima and false advertising by reason of use of an alleged Prima sound-alike in a commercial for the Olive Garden Restaurants. (D.N.J. 2000)

Parfums De Coeur, Ltd. v. Fragrance Impressions*

Represented Parfums de Coeur in an action for false advertising based on competitor's comparative advertisements for alternative designer fragrances and defended antitrust counter-claim. (S.D.N.Y. 1997)

Lipton v. The Nature Company*

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. (2d Cir. 1995)

FTC v. RJ Reynolds Tobacco*

Defended tobacco advertiser in FTC’s unfairness action arising from Joe Camel advertising campaign. Case dismissed.

R.J. Reynolds Tobacco Co. U.S.

Submitted amicus briefs in D.C. Circuit and district court in support of First Amendment rights of marketers and advertisers against tobacco advertising and packaging graphic warnings labels under Family Smoking Prevention and Tobacco Control Act. (D.C. Cir. 2012)
* Denotes experience completed at a prior firm
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