Copyright & Trademark

Many of the disputes we handle involve cutting-edge copyright law cases and questions of first impression, particularly where entertainment and technology intersect. Our representations include:

• The Walt Disney Company in litigating a copyright infringement suit in which a producer and two screenwriters claimed that Disney copied elements of their script in all five of the “Pirates of the Caribbean” films. The matter threatened to expand the scope of copyright by conveying ownership of common genre story tropes to one author rather than ensuring they remain in the public domain.
• National Fire Protection Association (NFPA) in a copyright infringement suit against UpCodes, Inc., a for-profit business that published NFPA’s copyrighted standards online for unrestricted downloading, copying and sharing. The Central District of California denied UpCodes’ motion for summary judgment, rejecting UpCodes’ fair use defense and awarded NFPA summary adjudication on ownership and prima facie infringement.
• Walt Disney Pictures, Twentieth Century Fox, and Paramount Pictures in successfully defending the studios against claims for indirect profits by Rearden LLC on alleged secondary copyright infringement based on a third-party vendor’s use of Rearden’s motion capture software on seven of the biggest films of the 2010s. Rearden has settled with the studios and dismissed its complaint.
• An Italian high-fashion brand in strategizing a potential trademark action adverse to another Italian high-fashion brand arising from the second brand selling merchandise and using trade dress featuring design elements that resembled our client’s marks. With our guidance, the client resolved the matter without resorting to a public filing.
• The Walt Disney Company and Pixar in successfully defending against copyright infringement claims related to the Academy Award-winning motion picture “Inside Out.” The ruling clarified that an analysis of a property’s distinctive elements could be conducted at the pleadings stage and did not require expert testimony or factual development, clarifying a contentious area of law in the Ninth Circuit.
• P&P Imports, Inc., a creator of party games, in winning a Ninth Circuit panel appeal that clarifies the standard for trade dress infringement established in Fleischer Studios, Inc. v. A.V.E.L.A., Inc. The ruling enables plaintiffs to claim infringement if consumers associate a trade dress with any single company, even an anonymous one. The panel reversed a district court ruling, remanded the matter to the district court and granting attorney’s fees to P&P.
• Quince.com, an online retailer, in obtaining a confidential settlement and voluntary dismissal of a trademark infringement suit brought by a well-known San Francisco-based restaurant with the same name.
• Recording Industry Association of America (RIAA) in obtaining dismissal, now on appeal, of a lawsuit filed by Yout LLC alleging that RIAA improperly sent anti-circumvention notices to YouTube, resulting in YouTube delisting Yout’s URL, because the Yout service circumvents RIAA’s rolling cipher anti-piracy technology. The case was argued before the Second Circuit and is awaiting decision.
• Netflix in obtaining dismissal of an international copyright infringement matter alleging the subtitling and dubbing of a South Korean film, #Saraitda, into English infringed HIG’s copyright interests in the screenplay that underlies both #Saraitda and HIG’s English-language film, Alone.
• Disney, Lucasfilm, Twentieth Century Fox, Marvel and other studios in winning a $62.4 million jury verdict in a copyright infringement and circumvention action against the streaming service VidAngel.
• A copyright and trademark owner in shutting down multiple infringing NFTs through DMCA notices and successful cease-and-desist efforts.