Intellectual Property and Advertising Injury Litigation
Competition lies at the core of intellectual property and technology law. Businesses and their insurers count on us to secure, leverage, and defend their intellectual property and technology rights. Our seasoned lawyers handle the most complex copyright, trademark, right of publicity, and defamation cases nationwide, protecting our clients’ intellectual property rights.
Our clients range from worldwide insurers, to Fortune 500 companies, to mid and small-cap enterprises, to Internet start-ups. They include businesses in entertainment, media and broadcasting, manufacturing, construction, architecture, merchandising, jewelry, franchising, medical, consulting, and accounting industries across the country.
Our AI Group’s consistent focus has been client service, timely reporting and teamwork - all leading to long term performance that has earned our insurer clients’ trust and reliance. Early case evaluation is the key: we provide a comprehensive case evaluation within 45 days of assignment. We assess the heart of the dispute and determine whether the matter is a "trial candidate" or a "settlement candidate." Trial candidates are defended aggressively and cost-effectively. Our extensive experience allows an efficient assessment of which rocks do - and do not - need to be turned over. As part of our ongoing relationships with our AI insurer clients, we provide regular counsel regarding the effective resolution of not-in-suit matters.
Our representative experience includes:
- A copyright infringement and unfair competition case involving a medical website database in the Northern District of California.
- Several construction copyright infringement actions in federal courts in Florida, Georgia, New Jersey, Kansas, Georgia, Arkansas, Colorado, and Michigan.
- A copyright infringement suit in the Southern District of New York involving a notable Tribeca condominium building.
- Several federal court copyright infringement cases in New York and Georgia involving jewelry.
- Many copyright infringement suits involving allegedly pirated computer software, brought in federal courts in Alabama and Texas.
- Successful representation of videogame and entertainment companies in federal courts in California and Illinois.
- Served as trial counsel in several copyright infringement actions involving court ordered seizures of infringing materials.
- Served as trial counsel in a copyright infringement and value received for monetary recovery action brought by an artist and photographer against a catalog merchant.
- Successful representation of a copyright holder in obtaining a preliminary injunction and a favorable settlement in a case involving architectural designs and drawings.
- A trademark infringement suit involving competing banks in the Northern District of Illinois.
- A trade dress and patent infringement suit pending in the Northern District of Georgia, involving worldwide distribution of sink disposals.
- Obtained a judgment with a permanent injunction against an estate jewelry broker who was using our client’s famous name and trademark.
Right of Publicity
- Successfully represented videogame manufacturer in the defense of actions in federal and state courts in California and Illinois.
- Defended suit brought by a professional wrestler asserting right of publicity violation in videogames.
- Litigated a trademark infringement suit involving competing banks in the Northern District of Illinois.
- Handled a right of publicity and trademark case in the Northern District of Georgia involving the use of the image of a deceased musician.
- Handled a right of publicity suit in Florida state court involving a professional bodybuilder.
- Litigated a right of publicity case in Ohio state court involving images of a model in advertisements for a national medical society.
- Defended a defamation counterclaim as part of a complex construction antitrust case in the Northern District of California.
- Litigated a commercial defamation and unfair competition suit in Kansas state court involving a restrictive covenant.
- Handled a commercial defamation case involving a Colorado real estate firm in the District of Colorado.