Intellectual Property Litigation
Ms. Berkowitz litigates complex intellectual property disputes in trial and appellate courts throughout the country. Representative examples include:
Roe v. Smashwords, Inc., et al. [Read more here]
The firm represented Smashwords, Inc., the nation’s largest self-publishing platform, in a suit brought by a couple depicted on the front page of a self-published e-book based on NFL player Rob Gronkowski. The case and e-book were made briefly newsworthy after being featured on NPR and TV show Jimmy Kimmel Live. Ms. Berkowitz led briefing for this 2017 appeal, in which the Sixth Circuit affirmed our 2016 Southern District of Ohio summary judgment defense victory for Smashwords, Inc. (Our Sixth Circuit Brief | Sixth Circuit Opinion | Our Summary Judgment Motion | Our Reply | Order Granting Motion).
Smith v. Barnes & Nobles, Inc., et al [Read more here]
Ms. Berkowitz and a team of firm attorneys represented Barnes & Noble in this lawsuit alleging Copyright and Lanham Act violations. In late 2015, following her defense of a deposition of Barnes & Noble’s corporate representative, the firm secured summary judgment dismissing the case in its entirety (Opinion). In late 2016, the Second Circuit affirmed (Opinion).