Nicolas A. Jampol

Litigation

Francesca Gregorini v. Apple Inc. et al.

Defending copyright-infringement lawsuit against Apple, M. Night Shyamalan, and others relating to the television series "Servant." Prevailed on a motion to dismiss and obtained attorneys' fees. The case is on appeal. (C.D. Cal. 2020, 9th Cir. Ongoing)

Groove Club et al. v. Matador Content et al.

Defending idea submission case brought against producers of historically themed reality competition series "Knight Fight," in which participants use medieval armor and weaponry to battle it out. Plaintiff, a New Jersey club owner, contends that he had the idea first. Prevailed on a motion to dismiss all claims. (N.Y. Sup. Ct. Ongoing)

Multiversal v. Yelp

Defending Yelp in a false advertising and unfair competition lawsuit from Yelp's publication of an online video about the operation of its recommendation software. Defeated plaintiff's repeated efforts to access Yelp's proprietary source code, and then prevailed on the merits following a 16-day trial (spread across more than two months). The case is on appeal. (Los Angeles Cnty. (Cal.) Super. Ct., Cal. App. Ongoing)

Chapman Roberts v. BroadwayHD LLC

Representing Amazon and BroadwayHD in copyright infringement action alleging that defendants did not have the rights to certain vocal arrangements embodied in the musical "Smokey Joe’s Café." (S.D.N.Y. Ongoing)

Sapieyevski v. Live Nation

Defending Live Nation in trademark infringement action by music professor who claims that Live Nation's documentary series "Music Happens Here" infringes his purported trademark in the phrase "Music Happens." (D.D.C. Ongoing)

Conan Doyle Estate Ltd v. Springer et al.

Represented creators and distributors of the film Enola Holmes in copyright and trademark-infringement action brought by Conan Doyle Estate Ltd, the purported owners to the remaining copyrights in certain Sherlock Holmes works. Following defendants' motion to dismiss, the parties stipulated to dismiss the case with prejudice. (D.N.M. 2020) 

Twelve Sixty v. ITV Studios America

Successfully defended copyright-infringement lawsuit against U.S. client for the broadcast of a television series in the Netherlands containing an allegedly unlicensed work. Obtained dismissal with prejudice. (C.D. Cal. 2020)

Kessler v. Duffer

Represented the creators of television series "Stranger Things" against breach-of-implied-contract claim. Plaintiff dismissed the case with prejudice on the eve of trial. (Los Angeles Cnty. (Cal.) Super. Ct.)

Reflex Media, Inc. v. Pilgrim Media Group, LLC et al.

Defended Pilgrim Media and A&E Television Networks in a trademark and copyright-infringement lawsuit arising from the Lifetime reality series "Love At First Flight." The district court dismissed the trademark claims without prejudice based on Pilgrim's and A&E's First Amendment defense, and dismissed the copyright claims with prejudice based on the lack of substantial similarity between the two works. (C.D. Cal. 2019)

Mel Smith v. AMC Networks et al.

Defended AMC Networks, which was sued by a comic book artist alleging the second season of the network's most popular series, Fear the Walking Dead, infringed his zombie-themed comic book series. (C.D. Cal. 2019)

Noemi del Rio v. Virgin America Inc. et al.

Represented Virgin America in litigation involving allegations that plaintiff owns the copyright to elements of a sound recording that was used as part of an in-flight safety video played before Virgin America flights. (C.D. Cal. 2019)

Estate of Barre v. Pretty Bird Pictures, et al.

Defended music video producer, director, artist, and others in copyright and trademark case arising from alleged use of deceased performer's voice in music video for hit song "Formation." (E.D. La. 2018)

Hollister & Brace, et al. v. Avvo, Inc.

Defended Avvo in lawsuit brought by licensed California attorney and his law firm seeking to hold Avvo responsible for a reviewer's allegedly defamatory review. Prevailed on an anti-SLAPP motion and motion for attorneys' fees. (Santa Barbara Cnty. (Cal.) Super. Ct. 2018)

Steinbeck v. Kaffaga, et al.

Counsel for literary agent McIntosh & Otis, Inc. in lawsuit brought by author John Steinbeck's son seeking additional rights and royalties from Steinbeck's works based on purported copyright terminations. Prevailed on a motion to dismiss the action, which was affirmed on appeal. (C.D. Cal. 2015, 9th Cir. 2017)

LaBau v. Food Network

Defended Food Network in copyright-infringement action arising from alleged copying of an online cooking video for Snow Globe Cupcakes. (C.D. Cal. 2017)

Dream Quest Florida Keys v. Boxcars Entertainment, et al.

Defended Boxcars Entertainment and Litton Entertainment in a trademark and unfair competition lawsuit arising from the title of a reality television series airing on the CW network. (M.D. Fla. 2017)

Darsky v. Avvo, Inc.

Represented Avvo in lawsuit brought by licensed California attorney on behalf of putative class who alleged that Avvo misappropriated his name and likeness by selling advertising on the same page as publicly available information about him and his law practice. (N.D. Cal. 2016)

Jeremy Bales Creative, LLC v. Nerdist Industries, LLC

Defended Nerdist in copyright-infringement lawsuit arising from use of photograph on Nerdist website in connection with podcast. (C.D. Cal. 2016)

Rahman v. Showtime Networks, Floyd Mayweather, et al.

Represented Showtime in right-of-publicity lawsuit arising from docuseries "All Access." Two amateur boxers sued Showtime and boxing champion Floyd Mayweather based on the production and airing of an episode of the series, which showed them sparring at Mayweather Las Vegas gym in the weeks leading up to the Mayweather-Pacquiao fight. (Nev. Dist. Ct. 2016)

Erwin v. Sestero, et al.

Defended publisher Simon & Schuster, Inc. against copyright infringement lawsuit involving the book "The Disaster Artist, My Life Inside the Room, the Greatest Bad Movie Ever Made." (C.D. Cal. 2015)

Humphris v. Franco

Represented owner of the motion picture rights to Charles Bukowski's novel "Ham on Rye" in copyright infringement lawsuit against James Franco arising from his film tentatively entitled "Bukowski." (C.D. Cal. 2014)

AJ Management Consulting, LLC v. MBC FZ LLC

Defended company in a copyright infringement and breach of contract lawsuit arising from a web and mobile app released in connection with a popular television program. Prevailed on a motion to dismiss the majority of the claims, after which the plaintiff voluntarily dismissed the action. (N.D. Cal. 2014)

SMC Entertainment Group, Inc. v. Penguin Group (USA) Inc.

Represented Penguin Group in merchandising and media rights lawsuit brought by a licensing agent with whom Penguin signed a non-binding deal memorandum relating to the bestselling "Ladybug Girl" series of children's books. Successfully excluded plaintiff's sole expert and obtained summary judgment on all claims. (C.D. Cal. 2014)

Moreno v. NBCUniversal Media, LLC, et al.

Represented NBCUniversal, Bunim/Murray Productions, and others against copyright infringement claim by plaintiff in connection with the purported use of background songs in the shows "Bad Girls Club" and "Khloe & Lamar." (C.D. Cal. 2013)

Conquest Media LLC v. Medley Capital LLC, et al.*

Defended investment management company in breach of contract action following plaintiff's unsuccessful attempt to acquire the music-related assets from the Death Row Records and Suge Knight bankruptcy estates. (Cal. Super. Ct. 2012)

Townsley v. Hydro International LLC, et al.*

Defended hydroponics manufacturer, distributor, and retailers in trademark infringement lawsuit. (C.D. Cal. 2011)

Westside Shepherd Rescue of Los Angeles, Inc. v. Pollock, et al.*

Successfully represented animal rescue organization in action for trademark infringement and unfair competition. Obtained summary judgment and permanent injunction against defendants. (C.D. Cal. 2010)

Counseling

Pre-broadcast counseling

Provides pre-broadcast and clearance counseling for films, television series, digital content, and podcasts, with a particular focus on fair-use counseling, and projects based on or inspired by real people or events. Also provides advice regarding "life rights," show concepts, clearance protocols, and litigation risk. Representative projects include "Full Frontal with Samantha Bee," "Desus & Mero," "Hip Hop Uncovered," "Genius: Aretha Franklin," "Fosse/Verdon," "Kong: Skull Island," and "Bad Education." (Ongoing)

Intellectual property counseling

Provides fair-use opinions, rights analyses, risk assessments, and other intellectual property advice (with a particular focus on copyright counseling) to content creators, distributors, advertisers, and technology companies, including A24, Apple, Amazon, Disney, FX, Legendary, Grindr, Netflix, and WarnerMedia. (Ongoing)