Copyright and Lanham Act Litigation

Fourth Estate v. [Read more here]
In 2019, we prevailed before the U.S. Supreme Court on behalf of our client (a small Florida company operating a website, later sold to The Motley Fool, LLC) in what has been called the year’s most important copyright decision. Overcoming policy arguments endorsed by multiple circuits and treatise authors, we persuaded the Court that copyright owners cannot sue for infringement until the Copyright Office has formally granted or refused registration. (Our Brief | Opinion | Argument Audio)

Google LLC v. Oracle America Inc.
In this landmark copyright case, SAS Institute hired us to file an amicus brief in support of Oracle, arguing that software interfaces are protectable under the Copyright Act. (Our Amicus Brief)

Cisco Systems v. Arista Networks
Ms. Brannen filed an amicus curiae brief in the Federal Circuit on behalf of leading technology companies supporting the appellant. (Our Amicus Brief) The important question at issue concerned the scope of copyright protection for software. Before the Federal Circuit decided the appeal, the parties jointly sought and received an order vacating the district court judgment.

Smith v. Barnes & Noble, Inc., et al. [Read more here]
In 2016, the Second Circuit affirmed our 2015 Southern District of New York trial court victory for Barnes & Noble in this lawsuit alleging Copyright and Lanham Act violations. See, e.g.2nd Circ. Dodges ‘Novel’ Cloud Storage Copyright Questions (Law360, Oct. 6, 2016) (subscription required); Barnes & Noble Beats IP Suit Over Cloud-Stored E-Books (Law360, Nov. 2, 2015) (subscription required).

Berreau v. McDonald’s Corporation
In 2017, we obtained dismissal of this copyright case filed against our client (McDonald’s Corporation) in the Central District of California. (Our Motion | Our Reply | Dismissal Order)

Paula Berg Design Associates
Provided strategic counseling and negotiated favorable agreement relating to copyrights in ornamental furniture designs.

Parties Confidential
Negotiated favorable license terms with photographer initially demanding maximum statutory damages over use of iconic image in connection with unrelated commercial product.

Parties Confidential
Secured agreement to dismiss litigation alleging unauthorized use of images in connection with “adult-oriented products” for zero dollars.

Parties Confidential
Negotiated favorable royalty rate with studio to resolve dispute over use of photographs from major motion picture.

Parties Confidential
Negotiated favorable settlement with music companies alleging unauthorized misappropriation of song lyric.