Sean M. Sullivan

Plaintiff filed suit for declaratory relief for an order stating that its bird repellant product does not infringe on our client’s trademarks and copyrights. (N.D. Illinois Ongoing)

Representing Cleopatra Records Inc. in defense of copyright infringement suit filed in the United States District Court for the Central District of California by the alleged owners of musical works authored by Harry Warren. This is one of many similar cases filed by these same plaintiffs in various courts alleging defendants pirated plaintiffs' recordings. (C.D. Cal. Ongoing)

Representing Cleopatra Records Inc. in defense of copyright infringement suit filed in the United States District Court for the Central District of California by the alleged owners of musical works authored by Harold Arlen, including such songs as "Over the Rainbow." This is one of many similar cases filed by these same plaintiffs in various courts alleging defendants pirated plaintiffs' recordings. (C.D. Cal. Ongoing)

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.)

Represented Chinese broadcasters and DISH Network in copyright and trademark infringement action against manufacturer and distributor of "TVpad" set-top box; secured award of $55 million in damages. (C.D. Cal. 2017)

Represented Taco Bell in trademark infringement action alleging that Taco Bell’s use of the slogan "LIVE MÁS" infringed the POQUITO MAS trademark. (C.D. Cal. 2014)

Defense of Snak King against allegations of trademark, trade dress, and patent infringement asserted by Bimbo for trademark, packaging design, product configuration, and manufacturing process. (C.D. Cal. 2013)

California co-counsel for MLB Properties and the San Francisco Giants baseball club in trademark litigation against sports clothing manufacturer over infringement of SAN FRANCISCO script mark. The defense team successfully moved to transfer venue from the Central District of California to the Northern District of California. After lengthy negotiations, the case and broader issues between the parties were resolved with a stipulated consent judgment and permanent injunction that restrained the manufacturer’s activities in order to protect all other MLB club marks with geographic designations. (N.D. Cal. 2014) 

Representing emerging company which provides an electronic peer-to-peer money transfer service applicant and seeks registration of its NTRUST mark, in opposition proceeding brought by owner of INTRUST and INTRUST BANK family of marks (registered primarily for banking services). This is one of the rare TTAB opposition proceedings that proceeded to the trial period, where it currently is awaiting a decision on the merits. (TTAB Ongoing)

Defending Angels Baseball LP against opposition proceeding brought by New York Racing Association against the baseball club’s U.S. application to register the mark THE BIG A in various classes of goods/services. The matter remains pending. (TTAB Ongoing)

Counseling major video game and mobile game companies, media content producers, and advertisers on issues relating to online gaming and gambling laws. Experience includes developing chance playbook for offering of various in-game offerings and analyzing legality of various lootbox-style in-game offerings; advertising and promotion review; analyzing legality of various fantasy and sports and esports betting offerings; counsel and advice on registration and licensure requirements for online gaming and gambling companies; and development of policies and procedures for acceptance of gaming and gambling promotions and offerings. (Ongoing)

Defending GNC in putative consumer class action challenging sale prices advertised for products on website as deceptive and misleading under false advertising and consumer protection statutes. (S.D. Cal. Ongoing)

Defending GNC in putative consumer class action challenging sale prices advertised for products on website as deceptive and misleading under false advertising and consumer protection statutes. (W.D. Pa. Ongoing)

Represented Providence Health System Southern California against putative class action alleging defendants erroneously billed the plaintiff by filing a hospital lien against the settlement proceeds plaintiff received in a tort action for certain medical services provided, rather than billing Medicare. Action successfully dismissed by the court without prejudice pursuant to motion to dismiss on grounds plaintiff failed to exhaust administrative remedies. Decision affirmed on appeal after oral argument in 9th Circuit. (C.D. Cal., 9th Cir. 2017)

Represented theatre company in putative California class action alleging claims under the ADA and Unruh Civil Rights Act related to provision of assistive listening devices and captioning in theatres. Resolved favorably. (C.D. Cal. 2014)

Represented theatre company in putative California class action alleging claims under the ADA and Unruh Civil Rights Act related to provision of assistive listening devices in theatres. Resolved favorably. (C.D. Cal. 2015)

Defended magazine publisher in putative class action alleging violations of Michigan's Video Rental Privacy Act based on alleged disclosure of subscribers’ personal information. Voluntarily dismissed with prejudice. (E.D. Mich. 2018)

Defending a nonprofit in putative class action alleging violations of Michigan's Video Rental Privacy Act based on alleged disclosure of subscribers’ personal information. (S.D.N.Y. Ongoing)

Representing an energy supplier in putative nationwide class action alleging company placed calls to phones on National DNC and cell phones in violation of the TCPA. (N.D. Ill. Ongoing)

Represented media company in putative nationwide class action alleging the company placed calls in violation of the TCPA. Obtained voluntary dismissal. (C.D. Cal. 2015)

Represented medical services company in putative nationwide class action alleging company placed calls to cell phones in violation of the TCPA. Settled favorably on class basis. (C.D. Cal. 2015)

Successfully represented domain name Registrant PleaseFund.Us Ltd in U.S. nexus dispute before National Arbitration Forum over whether Registrant had a sufficient nexus with United States to hold a U.S. domain name. Prevailed in defeating the complaint and obtained a decision finding the Registrant had a sufficient nexus with United States and was entitled to retain its U.S. domain name. This appears to be the first decision in a NAF proceeding focused solely on the U.S. Nexus Requirements. (NAF 2013)

Represented eNom, Inc. in lawsuit by plaintiff alleging claims against ICANN, eNom and domain name registry for antitrust, RICO, suppression, breach of contract, and negligence related to the sale of domain names. Action dismissed. (C.D. Cal. 2008)

Represented online gaming company in response to patent infringement lawsuit related to digital media technology. Case was resolved favorably for client without appearance. (N.D. Ill. 2012)

Defended Here Media in patent infringement action related to technology used by social networking website. Case was favorably resolved in confidential settlement. (C.D. Cal. 2011)

Defended supplier to Bodog worldwide online gaming organization in multiple cases stemming from $50 million default judgment for patent infringement related to digital media technology. Cases in Washington battled over the Bodog trademark and seizure of 3000+ Internet domain names belonging to client—raising novel issues about whether a trademark can be involuntarily seized from its owner. After significant litigation activity, cases were favorably resolved via confidential settlement and with client domain names restored. (D. Nev.; W.D. Wash.; King Cnty. Super. Ct.)

Successfully defended publisher and author of "Norman Mailer: A Double Life" by J. Michael Lennon against defamation and related claims. The court granted summary judgement and ruled that actress Carole Mallory, who had an eight-year romantic relationship with the subject of the biography, failed to demonstrate that challenged passages painted her in a false light or were defamatory. (E.D. Penn. 2017)

Defended Lionsgate against right-of-publicity and unfair-competition claims arising from the use of actor Jesse Eisenberg's name and likeness on the cover of a DVD release of the film "Camp Hell." The matter was resolved during the appeal of an order denying Lionsgate's anti-SLAPP motion. (Cal. Super. Ct., Cal. Ct. App., 2013)

Defended celebrity chef Todd English and his company against litigation by former business advisor over amounts due under restaurant contracts. Prevailed in setting aside default obtained before representation began. Case was later favorably resolved via confidential settlement. (Los Angeles Cnty. (Cal.) Super. Ct. 2011)

Represented rights-holder to popular "The Zula Patrol" animated children's series in litigation against its licensee for educational kits based upon the animated property (to be supplied in schools for science classes). Competing cases were filed in North Carolina and in California. The dispute involved competing claims for breach of the parties' license agreement and violation of the parties' respective trademark, copyright and trade secret rights. Cases were favorably resolved via confidential settlements. (C.D. Cal. and M.D.N.C. 2010)

Negotiated and prepared license agreements for trademark, patent, and copyright rights, including license agreements for leading car company’s brand for use in online and mobile app advertising campaigns, and
co-promotion and a license agreement for a live touring show.

Draft and advise on website privacy policies and terms of use.

Assisted in a comprehensive website audit of privacy and web data collection practices for consumer food product company; updated the website terms of use and privacy policy.

Advise on Internet gambling issues, and impact on sweepstakes, contests, casual gaming, fantasy sports, advertising, and media activities.