802 F.3d 1012 (9th Cir. 2015), cert. denied, 136 S.Ct. 1390 (2016)
On behalf of client DC Comics, the Firm prevailed in a decision by the U.S. Court of Appeals for the Ninth Circuit holding that the Batmobile, Batman’s famous car, was subject to copyright protection as a character.More
768 F. Supp. 2d 672 (S.D.N.Y. 2011)
The firm obtained summary judgment in favor of client, People for the Ethical Treatment of Animals (“PETA”), dismissing copyright infringement claim brought against PETA in the U.S. District Court for the Southern District of New York on basis of alleged use in PETA animal rights campaign of historical facts and not-new idea of comparing mistreatment of slaves in 19th century America to mistreatment of animals today.More
Opp. No. 91189827, 2010 WL 325956 (T.T.A.B. Jan 21, 2010) (summary judgment); 2010 WL 1619443 (T.T.A.B. Apr. 7, 2010) (reconsideration)
We successfully represented Edgar Rice Burroughs, Inc. (ERB)–successor to the famous author of the Tarzan and John Carter of Mars stories–in overcoming an opposition to its application to register the mark JOHN CARTER OF MARS for a variety of toys and games.More
The firm was part of the defense team for clients Time Warner Inc., Warner Communications, Inc., Warner Bros. Entertainment Inc., Warner Bros. Television Production Inc. and DC Comics in the ongoing litigation in the U.S. District Court for the Central District of California over the copyright termination interest in certain works featuring the Superman and Superboy characters allegedly owned by the heirs of co-creator,More
No. 05-35811, 2007 WL 2193541 (9th Cir. July 31, 2007); 384 F.3d 700 (9th Cir. 2004)
The firm successfully concluded its representation of Timex Corporation in its defense against copyright and trademark infringement claims brought against it by Polar Bear Productions, Inc. In 2002, when our firm first became involved in the case,More
No. 04 CV 5332 (S.D.N.Y., Oct. 6, 2006)
We were brought in after the liability phase to represent the defendant in a rare jury trial on statutory damages for copyright infringement. Before we became involved in the case, our client, a nonprofit charitable foundation, was found liable for copyright infringement based on the defendant’s use in its Classic Arts Showcase television programming of a short clip from the 1947 movie Carnegie Hall.More
430 F.3d 1036 (9th Cir. 2005), cert. denied, 126 S. Ct. 2969 (2006)
In the first judicial treatment of the new termination right enacted in the U.S. Copyright Term Extension Act of 1998, 17 U.S.C. § 304 (d), the U.S. Court of Appeals for the Ninth Circuit affirmed the District Court’s decision rejecting an attempt by Disney and Clare Milne to cut off client Stephen Slesinger,More
342 F.3d 149 (2d. Cir. 2003), cert denied, 72 U.S.L.W. 3465, 3589, 3598 (2004)
The U.S. Court of Appeals for the Second Circuit affirmed the trial decision in favor of Edgar Rice Burroughs, Inc., owner of all existing rights in the Tarzan character, that two Tarzan books published in 1972 and 1976 illustrated by artist Burne Hogarth were works for hire owned by Burroughs,More
No. B153518, 2003 WL 1861585 (Cal. App. 2d Dist. Apr 11, 2003)
We successfully defended an appeal in the California Court of Appeal of Edgar Rice Burroughs, Inc.’s lower court victory dismissing the claims of American First Run Studios. American First Run had claimed that Disney’s 1994 animated “Tarzan”More
103 F. Supp. 2d 711 (S.D.N.Y. 2000), aff’d, 294 F.3d 383 (2d. Cir. 2002)
Plaintiff owned the trademark Field & Stream for publications, and defendant owned the Field & Stream trademark for clothing and other products. The parties had co-existed for decades and had more recently entered into concurrent use and settlement agreements specifying the products reserved to each.More
