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    Maritza C. SchaefferRichard Z. LehvSarah MarmonAdrian E. Harrison Jr.Janet L. HoffmanParker C. EudyJoyce M. FerraroNadine H. JacobsonJohn P. MargiottaJames D. SilbersteinNicole TenoreCourtney B. ShierAshford TuckerRobin N. BaydurcanTamar Niv BessingerMary StotteleCharles T.J. Weigell, IIIChristina SauerbornCraig S. MendeLydia T. GobenaAlejandra Camacho LunaDavid A. DonahueNancy DiConzaCole S. MathewsJ. Asheton LemayAlexandra E. KochianEric T. GordonKimberly B. FrumkinLeo KittayCarole E. KlingerAllison Strickland RickettsEsteban Monge-MoreraTodd MartinSherri N. DuitzRobert A. BeckerLauren NathanKatherine Lyon DaytonJames D. WeinbergerJason D. JonesDarra FrinoShelby P. RokitoAndrew N. FredbeckNancy E. SabarraBarbara A. SolomonKaren LimAmanda B. AgatiCarlos CucurellaAngela RamanauskasLaura Popp-RosenbergBrian Leary
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Entertainment Properties

Uniquely situated to understand and advise on intellectual property issues that are faced by entertainment companies, Fross Zelnick has a long and storied history in handling matters involving both content and branding for the world’s most-loved characters and franchises, including The Muppets, Superman, Batman and other characters in the DC Comics universe, Tarzan, Winnie the Pooh, Harry Potter, The Walking Dead, and more. Sitting at the crossroads of trademark and copyright law, these properties have been within the core of Fross Zelnick’s client base for decades.

Fross Zelnick secures protection, enforces rights, and litigates court cases in matters involving entertainment properties. In fact, the firm has helped develop the law in this field in matters relating to trademark protection, copyright protection and termination. Our depth of knowledge in the areas of trademark and copyright law enables us to advise our clients in this arena from a holistic view, helping them protect their rights strategically and thoughtfully, but also to provide nuts-and-bolts advice to ensure seamless and continuous protection and exploitation of properties, characters, and story elements.

Strengths that Matter to our Clients:

  • Understanding of where copyright and trademark law intersect and overlap
  • Experience in securing registrations for entertainment property trademarks, including names, images, and distinctive sounds
  • Deep knowledge of goods and services common to licensing and merchandising

Decisions

  • Sawicky v. AMC Networks Inc.

    July 11, 2018

    2:2018-cv-00114 (C.D. Cal. July 11, 2018), aff’d 753 Fed. Appx. 501 (9th Cir. 2019)

    We obtained judgment on the pleadings for Defendant AMC Networks in connection with a claim concerning the use of a hip-hop concept for television program. The 9th Circuit affirmed.More

  • DC Comics v. Towle

    January 8, 2016

    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

  • UMG Recordings, Inc. v. Siggy Music, Inc.

    July 19, 2018

    2018 WL 3529479, Opp. No. 91200616, Canc. No. 92053622 (T.T.A.B. July 19, 2018)

    After a seven-year battle before the Trademark Trial and Appeal Board of the U.S. Patent & Trademark Office, the Firm prevailed on behalf of client UMG Recordings, Inc. (“UMG”)—owner of the JACKSON 5 trademark—in its challenge to an attempt to register the mark J5 for clothing and related merchandise by Siggy Music,More

  • Superman Copyright Termination Litigation

    January 9, 2009

    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

  • Milne v. Stephen Slesinger, Inc.

    January 9, 2006

    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

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Representative Experience

  • Clients include Warner Bros. Entertainment Inc., DC Comics, AMC Networks, The Jim Henson Company, Edgar Rice Burroughs (Tarzan creator), and others

Newsroom

  • Fross Zelnick Protects THE WALKING DEAD with TTAB Win

    July 24, 2020

    To protect THE WALKING DEAD trademark on behalf of its owner, Fross Zelnick’s Jason Jones and Craig Mende won a ruling before the USPTO’s Trademark Trial and Appeal Board to block registration of the confusingly similar mark THE TOKING DEAD for retail store services featuring cannabis-related clothing,More

  • Second Circuit Court of Appeals: Copyright Fair Use – “Transformative” Revisited: Has The Second Circuit Gone Too Far?

    June 1, 2018

    Fox News Network, LLC v. TVEyes, Inc., 883 F.3d 169 (2d Cir. 2018)

    In the United States, federal Courts of Appeals’ decisions are rendered by three judge panels unless a panel decision is reviewed and decided en banc,More

  • China: Beijing High Court Recognizes Unregistered Trademark Rights

    December 10, 2017

    Guangzhou KuGou Networks Ltd v. Shantou Lifeng Electric Appliances Ltd, Beijing High Court (March 13, 2017)

    A recent decision of the Beijing High Court granted full protection to an unregistered trademark in a dispute against the owner of a later registration for the mark. More

  • Russian Federation: The Trisolen Case – A Lesson In Enforcement Against Trademark Infringement

    September 16, 2017

    No. 301-Aд17-4305

    On May 15, 2017, the Supreme Court (highest court) of the Russian Federation upheld a decision of the Russian IP court (No. A43-10065/2016) which, at first glance, appears to undermine a trademark owner’s ability to enforce its marks against unauthorized third-party uses. More

  • Uzbekistan: Amendments to IP and Unfair Competition Laws

    September 20, 2017

    On April 18, 2017 The Parliament of the Republic of Uzbekistan issued amendments to the Law on Trademarks and Appellations of Origin and the Law on Competition.  These changes became effective on April 19, 2017.  The more significant changes are:

    • Introduction of exhaustion of rights (though it is not clear whether this is international or national;
    • More
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  • Nicole Tenore

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  • Cole S. Mathews

    Associate

  • Nancy E. Sabarra

    Partner

  • Tamar Niv Bessinger

    Partner

  • Karen Lim

    Partner

  • David A. Donahue

    Partner

  • Leo Kittay

    Partner

  • Barbara A. Solomon

    Partner

  • Ashford Tucker

    Partner

  • Lydia T. Gobena

    Partner

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