Intellectual Property Litigation

Decades of experience protecting our clients' interests in patent, copyright, trademark, and trade secret litigation has given our team a deep understanding of not just how to win, but how to advance our clients' overall strategic goals.

Overview

We seek creative solutions where negotiating a favorable resolution is possible. We staff leanly and partner closely with inside counsel. And we stay resolutely focused on achieving the outcome that best aligns with our clients’ business needs.

Our clients span a broad range of industries: from entertainment and media, to technology, software and electronics, to fashion and luxury goods, as well as food and beverage, hospitality, communications, consumer products, financial services, and life sciences. What these clients have in common is that intellectual property is their life blood, and we’re proud that they entrust us with its protection. As a result of our clients’ success, we have twice in recent years been named national Law Firm of the Year in copyright law by Best Lawyers and U.S. News. We are also consistently ranked as one of the country’s best firms for trademark law and litigation by World Trademark Review.

The geography of our offices—located in the technology corridors of Seattle, the Bay Area, and D.C./Northern Virginia, and in the media/entertainment/fashion centers of New York and Los Angeles—gives us a broad platform for litigation and helps keep us consistently steeped in cutting-edge issues. With powerful resources on both coasts, we have the depth to litigate very large cases—in every forum, including the Supreme Court—on the accelerated schedules that intellectual property conflicts often require.

Amazon.com, Inc. v. Wei "Tony" Jiang et al.

Litigated case against individuals responsible for unlawful importation and online sale of counterfeit and infringing goods, resulting in a successful resolution including stipulated permanent injunction. (W.D. Wash. 2019)

Confidential arbitration

Defended art manufacturer in false advertising, unfair competition, and trade secret action brought by former retailer seeking over $10 million in damages. Obtained complete defense verdict following nine-day arbitration and award of full relief on client's counterclaims. Awarded 100% of client's costs and fees. (JAMS Arbitration 2019)

Software contract and copyright dispute

Represented software solution provider in two cases involving declaratory relief, breach of contract, and copyright infringement claims. Settled favorably on eve of trial. (Los Angeles Cty. (Calif.) Super. Ct., C.D. Cal. 2019)

Boehm et al. v. Getty Images (US), Inc. et al.

Represented world's leading provider of stock photography in copyright infringement lawsuit and arbitration with two contributing photographers regarding Getty Images' licensing of client's images. (W.D. Wisc. & AAA 2017)

Jinno International USA, LLC v. T-Bags, LLC, et al.

Defended Amazon.com, Inc. against copyright infringement suit alleging infringement of fabric design used on apparel. Favorably resolved. (S.D.N.Y. 2016)

The Beastie Boys Partnership v. Monster Energy Company

Represented Monster on appeal to the 2nd Circuit from a jury verdict of copyright and trademark infringement arising from the use by Monster of portions of five songs owned by the band in a video recap of a snowboarding event sponsored by Monster in the Canadian Rockies. (2d Cir. 2016)

Willamette View v. Willamette View Foundation

Represented a continuing care retirement community in trademark infringement and false designation of origin action. (D. Or. 2016)

Pick v. American Idol Productions*

Represented American Idol Productions in idea theft case regarding plaintiff's website "Idol Go Home." Case resolved prior to trial. (LA Super. Ct. 2008)

First Church of Christ, Scientist, as residuary legatee u/w/o Ginger Rogers v. Comedy III and Robert Olden*

Represented plaintiff in a declaratory judgment action concerning the ownership of the late Ginger Rogers' right of publicity. Settled after plaintiff prevailed on motion to dismiss. (C.D. Cal. 1999)

Advanced Access Content System Licensing Administrator, LLC v. Lanny Shen d/b/a DVDFab and Fengtao Software, Inc., et al.

Represented AACS LA—whose members are motion picture content providers, consumer electronics manufacturers, and information technology companies—which controls the content protection technology for Blu-ray discs, in action alleging violation of the Digital Millennium Copyright Act's anti-circumvention provisions to obtain remedies from a U.S. court against operators of numerous foreign rogue websites selling "DVDFab" software that allows users to circumvent the protection technology on motion picture and TV program Blu-ray discs. Obtained a preliminary injunction March 5, 2014, directing defendants who reside outside the United States to cease operation of certain infringing websites and included an order that third-party service providers to the rogue websites, including domain name registries and registrars, as well as search engines and payment processors, stop providing services to the defendants. One of the defendants later appeared seeking to vacate default and to challenge the extraterritorial scope of the injunction under the Copyright Act. The court denied that defendant's requests and its motion for reconsideration of that denial. (S.D.N.Y., 2nd Cir.)

*Denotes an attorney's experience prior to joining Davis Wright Tremaine