Contract / Profit Participation:

• Ongoing representation of a major film exhibitor in a dispute with an independent producer and distributor over calculation of gross receipts involving a top ten 2004 blockbuster release.
• Represent major motion picture studio in licensing dispute over electronic games with game developers.
• Obtained summary judgment for a music publishing company in a copyright and breach of contract action, establishing the principle that the statute of limitations on a claim for failure to pay royalties accrues upon the first nonpayment.  Mappa Music Co. v. Universal-PolyGram International Publishing, Inc., (C.D. Cal. 2001).
• Obtained summary judgment for a member of a legendary musical group in an action by a former drummer concerning the group's royalties.
• Represented two major record labels and their executives in a multi-class action in connection with the Consumers Legal Remedies Act, false advertising and insurance-coverage claims, and issues relating to the Milli Vanilli lip-synching disclosures.

Copyright:

• Represented the Motion Picture Association of America (MPAA) members in DMCA and copyright litigation against software maker 321 Studios.  Obtained summary judgment and an injunction against 321 Studios, blocking further distribution of the company’s infringing software, capable of cracking copy protection on DVDs.  321 Studios v. Metro-Goldwyn-Mayer Studios, Inc., (N.D. Cal. 2004).
• Represented the MPAA in DMCA litigation filed by InternetMovies.com Inc.  Set important case law precedent relating to the take-down provisions of the DMCA.  Rossi v. Motion Picture Association of America Inc., (9th Cir. 2004).
• Represent motion picture studio in copyright infringement claims over music composition and performance rights in a feature film.
• On behalf of MPAA members obtained permanent injunction prohibiting defendant company from falsely claiming distribution rights in Korea.
• Represented producers of a top 10 hit reality TV program in claims involving copyright infringement and idea submission.
• Successfully defended at trial copyright infringement claims involving the motion pictures “Twister” and “Sister Act.”
• Represented UMG Recordings, Inc., in litigation brought against Mazda and its advertising agency for the unauthorized use of plaintiff’s sound recording and musical composition in a television advertisement.  Obtained a favorable settlement.
• Defended MCA Records against accounting and copyright claims brought by the owner and licensor of country music recordings arising from dissolution of the parties’ 15-year licensing and distribution relationship.

Anti-Piracy:

• Represented Recording Industry Association of America’s (RIAA’s) member companies in internet copyright enforcement actions against P2P file sharing systems Napster, Aimster, Grokster, and KaZaA.
• Represented 23 Recording Industry Association of America (RIAA) members in a copyright infringement action against a CD manufacturing plant resulting in a jury trial award of approximately $136 million in damages.  Verdict was upheld on appeal and protected from discharge in bankruptcy proceedings.  Atlantic Recording Corp. v. Media Group (C.D. Cal. 2003).
• Obtained multi-million dollar judgment against online motion picture internet pirate.
• Represented 23 Recording Industry Association of America (RIAA) members by obtaining summary judgment in what the Court referred to as the first decision “on any level that has decided a flea market owner’s liability for a vendor’s direct infringement.”  UMG Recordings, Inc., et al. v. Sinnott (E.D. Cal. 2004).
• Represented 26 record companies in a copyright and trademark infringement action against the seller of blank audiotapes and duplicating equipment used by counterfeiters.  Court found for record companies awarding over $7 million in damages and attorneys’ fees. A&M Records, et al. v. General Audio Video Cassettes, Inc., et al (C.D. Cal. 1996).
• Representation of a record company against a swap meet where vendors offered counterfeit recordings for sale.  Appeal involved significant issues of vicarious and contributory copyright infringement.  The decision was extensively cited in the successful Napster, Aimster and Grokster litigations. Fonovisa, Inc. v. Cherry Auction, Inc. (9th Cir. 1996).

Anti-Circumvention / DMCA:

• Represent the Motion Picture Association of America (MPAA) members in DMCA litigation against 321 Studios.  Obtained summary judgment and an injunction against 321 Studios, blocking further distribution of infringing software.
• Represented the Motion Picture Association of America (MPAA) in DMCA litigation filed by InternetMovies.com Inc., relating to the take-down provisions of the DMCA.  Rossi v. Motion Picture Association of America Inc., (9th Cir. 2004).

Trademark and Unfair Competition:

• Successfully represented Take2 Interactive and Rockstar Games in trademark litigation before U.S. District Court involving their best selling title, “Grand Theft Auto: San Andreas.”
• Successfully represented MCA Records in trial court and on appeal, defending a claim of trademark infringement and unfair competition brought by Mattel, Inc., seeking to enjoin the hit recording “Barbie Girl.”  Mattel, Inc. v. MCA Records (9th Cir. 2002).
• On behalf of the producer of a major motion picture, successfully opposed the registration of several trademark applications.  Also registered trademarks for the film and related merchandising.
• Represented Muhammad Ali in trademark and right of publicity action against United Kingdom internet auction company for misappropriation of name, likeness, and distinctive nickname.  Muhammad Ali v. Icollector, Inc. (C.D. Cal. 2000).
• Served as global trademark counsel for legendary musical group, formulating and implementing the band’s world-wide trademark registration and enforcement strategy.

Licensing:

• Intervene on behalf of both licensors and licensees regarding their respective rights subsequent to the bankruptcy of either party, and whether a particular license (especially IP licenses) can be accepted or rejected and otherwise enforced in the bankruptcy context.  In particular, the firm focuses on crafting language in licensing agreements which cause a reversion of the rights granted under the license upon the licensee's breach or bankruptcy, rather than simply relying on a claim for damages.
• Crafted licensing agreements covering master recordings for major record label which included anti-piracy provisions, especially in relation to internet promotions.
• Review and provide counsel regarding millions of dollars worth of software and hardware licenses for a major motion picture studio.
• Represent a number of entertainment and technology companies in content licensing agreements, many of which include anti-piracy provisions.
• Represent an inventor and his joint venture company in licensing patents for a novel advertising mechanism.