Prior to O+Z

Copyright

• Sony Music Entertainment
  Successfully represented Sony Music Entertainment in bringing multiple copyright claims addressing various unauthorized uses of sound recordings and music videos on commercial websites.
• Archie MD, Inc. v. Elsevier, Inc.
  Obtained summary judgment for leading publishing company, Elsevier, dismissing hundreds of claims of copyright infringement over alleged copying of medical animations. Also prevailed on breach of contract and trade secrets misappropriation claims. (Southern District of New York)
• VMG Salsoul v. Madonna Louise Ciccone
  Argued and won Ninth Circuit appeal affirming summary judgment decision dismissing copyright claim against Madonna, Warner/Chappell and Warner Music over iconic hit song Vogue, brought by owner of the 1970s track Love Break, in which the Ninth Circuit rejected the Sixth Circuit’s controversial decision in Bridgeport Music v. Dimension Films. (Central District of California; Ninth Circuit)
• Francescatti v. Germanotta
  Obtained summary judgment for Lady Gaga against a singer-songwriter who alleged that the recording star copied portions of her song into the hit single Judas. The court held that the two works were not substantially similar and dismissed the claim, finding no copyright infringement. (Northern District of Illinois)
• Fahmy v. Jay-Z, et al.
  Defended Live Nation Entertainment in a copyright infringement suit brought by an Egyptian composer over Jay Z’s performances of a hit single on concert tour. The court dismissed the claim for direct infringement and stayed the remaining claims against Live Nation pending the outcome of the direct infringement claim against Jay-Z, which was later dismissed. (Central District of California)
• Blu-ray Anti-Circumvention Enforcement
  Represented licensor of Blu-ray encryption technology in addressing illegal circumvention software sold over the Internet designed to defeat the content protection system for Blu-ray discs. Successfully worked with foreign government to prosecute manufacturer of unlawful circumvention tools. (Antigua)
• Lester v. U2
  Defended legendary rock band U2 in the successful resolution of a copyright infringement action over the song Vertigo brought by a musician claiming copying of his musical composition. (Central District of California)
• Moman v. Bertelsmann Music Group, Inc.
  Successfully defended BMG and RCA Music in suit by music producer concerning right to Elvis Presley recordings. Plaintiff ultimately withdrew his lawsuit. (Southern District of New York)
• Clyde Otis Music Group v. Universal Music Group
  Successfully defended Universal Music Group against claims of copyright infringement and for declaratory judgment seeking ownership over certain hip hop recordings. (District of New Jersey)
• Zomba Music Group v. MP3.com
  Won summary judgment for Zomba Music finding MP3.com had committed mass copyright infringement of Zomba’s sound recordings by copying and making them available over the internet through a personal music locker service. (Southern District of New York)

Trademark/False Advertising/Right of Publicity

• Tesfay v. Hanesbrands Inc.
  Represented Hanesbrands defending a right of publicity suit brought by model for alleged unauthorized use of her image in product advertising. Won motion to dismiss the action in its entirety. (Southern District of New York)
• NFL Advertising Challenge
  Represented the National Football League in successfully defending an advertising challenge at NAD by AT&T and DirectTV addressing advertising claims for NFL Network.
• Triangl Group Ltd. v. Lingzhi Garment Co.
  Represented Triangl, a top-selling bikini brand, in a trade dress and copyright infringement action against a Chinese manufacturer of infringing swimwear. Obtained broad injunctive relief shutting down sales by Lingzhi of infringing swimsuits over various websites. (Southern District of New York)
• Tween Brands v. Bluestar Alliance
  Represented Justice, the leading brand of tween-age girls’ clothing, in the successful resolution of a sharply contested trademark, copyright, and false advertising suit against Bluestar, owner of the Limited Too brand of girls’ apparel. (Southern District of Ohio)
• Par Sterile Products v. Fresenius Kabi USA
  Represented pharmaceutical manufacturer Fresenius Kabi in the successful defense of a Lanham Act false advertising action in which Par accused Fresenius Kabi of falsely marketing a generic drug. (Northern District of Illinois)
• Gambro Renal Products v. NxStage Medical
  Represented NxStage, a medical device manufacturer, in the successful resolution of a Lanham Act false advertising litigation brought by competitor Gambro. The matter involved the marketing of continuous renal replacement therapy devices used in hospital intensive care units for patients suffering from catastrophic kidney failure. (District of Massachusetts)
• Stark v. Diageo
  Successfully defended a trademark infringement action brought by Stark Wine LLC in which a nationwide injunction was sought to prevent Diageo from selling its newly-released Stark Raving brand of table wine. (Northern District of California)
• Church & Dwight Co. v. Clorox Co.
  Obtained preliminary injunction enjoining comparative television advertising for Clorox’s Fresh Step cat litter product denigrating the performance of Church & Dwight’s Arm & Hammer cat litter. (Southern District of New York)
• Tria Beauty, Inc. v. Radiancy, Inc.
  Represented Radiancy, maker of a hair removal device, in the successful resolution of false advertising claims concerning the respective performance of the parties’ products. (Northern District of California)
• MLB Properties v. Upper Deck
  Successfully represented Major League Baseball against The Upper Deck Company in a trademark infringement action, obtaining an injunction prohibiting Upper Deck’s unauthorized use of MLB team logos in a baseball card series. (Southern District of New York)

Trade Secrets and Restrictive Covenants

• Perot Systems v. 20th Century Systems Inc.
  Obtained preliminary injunction and multimillion-dollar jury verdict for trade secret misappropriation in Virginia state court where former employees attempted to obtain government contracts using prior employer’s trade secrets. (State of Virginia)
• Eric Bolling v. CNBC Inc.
  Defeated motion for preliminary injunction in New York state court seeking to prevent television network from enforcing restrictive covenant preventing television personality from joining competing network. (State of New York)
• Cardionet, Inc. v. LifeWatch Corp
  Represented defendant and counterclaim plaintiff in obtaining successful settlement in a trade secrets action concerning technology behind heart monitors. (Northern District of Illinois)