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Lance Koonce

Lance Koonce concentrates his practice on intellectual property litigation and counseling for clients in the advertising, publishing, music, television/film, and consumer products fields, and has extensive experience analyzing the implications of emerging technologies. Lance also leads DWT’s cross-disciplinary blockchain practice consisting of over two dozen attorneys with a broad range of experience in multiple industries.  As a litigator, he has 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 is the founder of the Creative Block(chain) blog and co-chair of the subcommittee on Intellectual Property and Privacy of the Enterprise Ethereum Alliance’s Legal Industry Working Group, as well as co-chair of the Law & Technology section of the New York County Lawyers Association.

Representative Experience

Goldman v. Breitbart et al.

Representing Time Inc. in copyright infringement arising from smartphone 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. Ongoing)

Energy Transfer Partners et al. v. Greenpeace Int’l et al.

Defending Greenpeace in case brought by owner of Dakota Access Pipeline alleging that environmental groups are a global conspiracy under RICO statute. Motion to dismiss granted. (D.N.D. 2019)

PetSmart, Inc. v. Jordan

Defending animal rights activist against claims stemming from videotaping of alleged animal neglect, abuse and cruelty. (Fla. Cir. Ct. Ongoing)

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

Representing Greenpeace in defamation and RICO action brought by forestry company arising from Greenpeace’s speech about the impact of company’s activities on the environment. Successfully transferred case from Georgia to California; motion to dismiss and to strike under anti-SLAPP statute granted; renewed motions after amendment granted as to RICO and all but 2 of the 296 alleged defamatory statements. 2019 WL 281370 (N.D. Cal. 2019)

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)

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.” Case settled. (E.D.N.Y. 2017)

T-4 v. McDonald’s Corporation, et al.

Successfully defended McDonald’s Corporation and ad agency against claims that an advertising campaign infringed on plaintiff’s registered trademarks and copyright. Appeal denied. (D. Mt. 2016; 9th Cir. 2017)

Goldman v. Advance Publications, Inc. et al.

Representing publisher in copyright infringement action involving the embedding of social media content. (S.D.N.Y. 2016)

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

Represented Chinese broadcasters and DISH Network in copyright and trademark infringement action against manufacturer and distributor of “TVpad” set-top box; secured award of $55 million in damages. (C.D. Cal. 2017)

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

Represented literary agency in copyright litigation involving John Steinbeck literary properties. (C.D. Cal. 2016; 9th Cir. 2017)

Moore v. Viacom International, Inc.

Defended 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. (TTAB 2016)

Spokeo, Inc. v. Thomas Robins

Submitted amicus brief on behalf eight media companies urging U.S. Supreme Court to overturn ruling allowing class action to proceed without any allegation of "injury in fact" for standing under Article III of the Constitution. (U.S. 2015)

Poquito Mas v. Taco Bell

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

Email hacking matter

Represented international corporation in connection with hacking of sensitive corporate email accounts. (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 forPEN 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)

Clifton Mallery v. NBC Universal

Represented NBC in a copyright action brought by plaintiffs claiming that the television program "Heroes" infringed their copyright. (2d Cir. 2010)

Salinger v. Colting

Represented J.D. Salinger in a copyright infringement action against author and publisher of self-proclaimed sequel to "The Catcher in the Rye." (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. (W.D. Wa. 2007; 9th Cir. 2008)

Jonesfilm v. Lions Gate Entertainment

Defended Lions Gate against infringement claims involving title of the motion picture "9 1/2 Weeks." (2d Cir. 2002-2003; 9th Cir. 2008)

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

Defended firm that designed original Freedom Tower in action involving alleged copyright infringement of architectural design. (S.D.N.Y. 2006)

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

Represented Estate of J.R.R. Tolkien in a copyright infringement action against publisher of purported chronology of "Lord of the Rings." (W.D. Wash. 2003)

Professional & Community Activities

  • Chair, Subcommittee on Intellectual Property and Privacy, Lawyers Working Group of the Enterprise Ethereum Alliance
  • 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, DWT 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

Professional Recognition

  • Named "Litigator of the Week," Litigation Daily, 03.01.19
Recognized as a "Top Author" by JD Supra
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