Intellectual Property
Benesch’s Intellectual Property Practice Group represents clients in protecting their most valuable asset class: their intellectual capital. Whether obtaining intellectual property rights, prosecuting infringement actions, or helping clients exploit their intellectual property rights, Benesch has the legal training and experience to help clients get the most out of their intellectual capital. In addition, Benesch’s Intellectual Property Practice Group is skilled in counseling clients with respect to IP rights of others and in defending clients in IP actions brought against them in courts and administrative agencies throughout the United States and internationally.
Our intellectual property client base is as broad and diverse as the services we provide. Those clients that rely on our services for IP protection and advice include individual entrepreneurs, universities and other research institutions, early stage companies, high technology businesses, middle market companies, and large multinational corporations. We have served a vast array of industries and businesses including: tire and rubber; fluid handling components and systems; paints and coatings; medical devices; plastics and polymers; liquid crystal displays; advanced lighting; adhesives; vehicle suspension systems; combustion systems; refrigeration systems; communications equipment; dispensing systems; material handling equipment; vehicle braking systems; food processing equipment; power tools; fitness equipment and other consumer goods; financial services; insurance services; music and entertainment; and computer software.
The Benesch Intellectual Property team has experience in all facets of intellectual property law and practice, with each member possessing a unique set of qualifications to help advance our clients’ interests. Many of our attorneys have worked as scientists or engineers in industry, and others have taught law or authored publications that serve as important reference materials to the profession.
We have experience with all forms of intellectual property, including patents, copyrights, trademarks, and trade secrets. Services we provide include patent and trademark drafting and prosecution, advising clients on patent and trademark infringement and validity matters, and drafting intellectual property-related agreements. In addition, Benesch’s Intellectual Property Group has experience in complex patent, trade secret, trademark and copyright litigation.
Benesch’s Intellectual Property team also has counseled clients regarding information technology and e-commerce matters. These engagements have included negotiation of myriad software, hardware and services agreements as well as preparing terms and conditions of use for web sites, drafting privacy policies for web sites and evaluating web site content for compliance issues. Our team has also advised clients regarding data security breaches and application of the PCI-DSS/CISP security standards in connection with both on-line and off-line sales. Four of Benesch’s attorneys are CIPP certified.
With the support of Benesch’s Intellectual Property team, our clients are better positioned to preserve and protect new technologies with IP, use and manage their intellectual property thoughtfully, and avoid the IP rights of others so as to avoid unnecessary risk. For additional information about Benesch’s Intellectual Property practice, please contact a member of our team.
Benesch's Intellectual Property practice area was recognized by Chambers & Partners in Chambers USA 2023.
Experience
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Completed a $67 million SAP implementation transaction for the entire Canadian business enterprise of an American global manufacturer and marketer of consumer and professional products.
- Handled transactions on behalf of clients with national and international hardware, software, systems and medical device/life sciences companies.
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Represented one of the largest manufacturers in the United States in connection with a $65 million global business process outsourcing transaction involving operations in the United States, Europe, South America, and Asia.
- Provided counseling to an India-based agricultural seeds provider regarding the establishment of an eCommerce platform in the United States, and drafted terms of use, terms and conditions of sale, and a privacy policy.
- Negotiated a significant BPaaS implementation transaction with a major, international healthcare software systems vendor involving the license of significant intellectual property assets and rights (specifically, software) and a substantial systems integration component with major national and international vendors.
- Represented a digital health startup in drafting and negotiating a technology services agreement and related schedules with one of the world’s largest global pharmaceutical companies.
- Ongoing representation of big-tech companies in connection with drafting and negotiating prototype development and professional service agreements that involve complex IP licenses for research and development and commercialization purposes.
- Drafted information technology services agreement templates for a global materials science company, including templates for the procurement of SaaS products, managed services, professional services (including development of hosted solutions), and colocation services, and a data protection addendum.
- Represented a worldwide leader in adhesive technologies, display graphics and packaging materials on a SaaS-based systems implementation and provided counseling with respect to disputes that arose during implementation and testing phases of the project.
- Stopping trademark infringements, policing domain names, assisting with general intellectual property matters concerning gutter guards.
- Licensing matters, various matters concerning exhibits.
- Legal/intellectual property assistance with music festivals.
- Legal assistance with licensing arrangements, data security and privacy issues, employment matters, and software development.
- We serve as lead outside intellectual property and technology transactions counsel including the management and prosecution of the company’s extensive patent portfolio, and the negotiation and documentation of significant IP development, licensing and commercialization agreements. In connection with this, we recently completed a significant transaction with Flow Pharma, a major US pharmaceutical company located in San Francisco, California.
- We serve as lead outside intellectual property and technology transactions counsel. Lead counsel in connection with a multimillion dollar software systems implementation transaction involving one of the largest software vendors and software integration firms in the world. The matter represents one of the largest copyright related licensing and services transactions in the region and displays our expertise in handling extraordinarily sophisticated, complex, high value IP transactions for the largest companies in the United States. We negotiated and documented the transaction, and provided counsel to our client in all facets of the transaction.
- Copyright infringement litigation concerning technology for the e-book industry, representing OverDrive, Inc. as plaintiff
- We serve as a lead outside transactional counsel to Infosys in connection with the negotiation and documentation of a variety of IP oriented technology transactions.
- Negotiation, documentation and completion of a significant ERP software implementation transaction with a major, international healthcare software systems vendor involving the license of significant intellectual property assets and rights (software) and a substantial systems integration component with two of the largest systems integration firms in the world (HealthX and Wipro).
- Representing a major healthcare technology company in several information technology implementation transactions involving transformative systems with major national and international vendors.
- Represented the home health division of this major national health products distributor in several complex, high value information technology implementation transactions involving transformative systems with major national and international vendors.
- Atom Medical International, Inc. v. Draeger Medical System, Inc. (IPR2014-00194). Subject: U.S. Patent No. 7,335,157. Counsel for Petitioner Atom Medical International, Inc.
- Dyson, Inc. v. LG Electronics USA, Inc. (Inter Partes Reexamination No. 95/002,102). Subject: U.S. Patent No. 7,600,292. Counsel for Requester LG Electronics USA, Inc.
- Atom Medical International, Inc. v. Draeger Medical System, Inc. (IPR2014-00095). Subject: U.S. Patent No. 6,483,080. Counsel for Petitioner Atom Medical International, Inc.
- Gramm et al. v. Deere & Company (IPR2015-00899). Subject U.S. Patent No. 6,202,395. Counsel for Petitioner Deere & Company.
- Atom Medical International, Inc. v. Draeger Medical System, Inc. (IPR2014-00232). Subject: U.S. Patent No. 6,345,402. Counsel for Petitioner Atom Medical International, Inc.
- Gramm et al. v. Deere & Company (IPR2015-00898). Subject U.S. Patent No. 6,202,395. Counsel for Petitioner Deere & Company.
- Dyson, Inc. v. LG Electronics USA, Inc. (N.D. Ill., 2012). Counsel in patent infringement action pertaining to vacuum cleaners, responsible for formulating noninfringement and invalidity defenses. Case currently stayed pending inter partes reexamination.
- Alticor Inc., Amway Corp. and Quixtar Inc. v. NCR Corp. (W.D. Mich. 2007). Represented plaintiffs in an action seeking a declaratory judgment of non-infringement and invalidity of seven NCR patents relating to e-commerce.
- Alliance v. Altivity (W.D. Wash. 2007). Patent and trade secret case relating to containers for packaging cat litter.
- PRE Holding, Inc. v. Monaghan Medical Corp., et al. (E.D. Va. 2009). Represented client in a patent infringement case relating to medical devices.
- King v. Chapman, et al. (N.D. Ill. 2009). Co-lead counsel in a pro bono matter relating to the violation of an inmate's 8th Amendment rights.
- Noven Pharms., Inc. v. Watson Labs., Inc. et al. (D.N.J. 2011). Represented generic client in Hatch-Waxman patent litigation in a first to file (FTF) opportunity related to a methylphenidate transdermal patch sold by Noven as Daytrana®.
- Yakima Products, Inc. v. Saris Cycling Group, Inc. (D. Or. 2009). Represented Saris Cycling Group, Inc. in a patent litigation relating to bicycle racks.
- In the Matter of Certain Thermal Support Devices, Infant Incubators, Infant Warmers, and Components Thereof, ITC Inv. No. No. 337-TA-896. Counsel for Atom Medical in ITC action relating to infant incubators and warmers.
- Draeger Med. Sys., Inc. v. Atom Med. Int’l, Inc. and Philips Elecs. N. Am. Corp., d/b/a Philips Healthcare, Case No. 2:12-cv-00512-UA-DNF (M.D. Fla. 2012). Represented Atom Medical in patent infringement action relating to infant warmers and incubators.
- Grupo Bimbo, S.A. B. de C.V., et al. v. Snak-King Corp., et al., (C.D. Cal. 2013). Represented Grupo Bimbo in dispute over trademarks, trade dress, patent and unfair business practices.
- Gramm v. John Deere and Company, (N.D. Ind. 2014). Represented Deere in patent infringement lawsuit relating to corn crop headers. Responsible for formulating and proving up non-infringement and invalidity defenses.
- GHJ Holdings LLC v Plasticade Products Corporation (E.D. Tex. 2010). Defended Plasticade against false marketing allegations.
- Jackson v. Contour, et al. (N.D. Ill. 2007). Co-lead counsel in a pro bono matter relating to an inmate's contraction of tuberculosis.
- S-Line LLC v. Squyres et al., (N.D. Tex. 2014). Represented patentee S-Line in patent infringement action involving bulkheads used for cargo containers. Managing day-to-day activities including discovery and responsible for infringement case.
- ICOR International, Inc. v. DuPont (S.D. Ind. 2010). Brought declaratory judgment action relating to refrigerant compositions.
- AstraZeneca LP v. Sandoz Inc. (D.N.J. 2010). Represented Sandoz in a Hatch Waxman litigation related to budesonide sold by AstraZeneca as Pulmicort®.
- Abbott Laboratories et al. v. Watson Laboratories, Inc.-Florida et al. (D.N.J. 2010). Represented Watson in a Hatch Waxman litigation related to choline fenofibrate sold by Abbott as Trilipix®.
- Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing the Same, ITC Inv. No. 337-TA-855. Counsel for respondent Skullcandy defending against claims of patent infringement relating to manufacturing processes for magnets.
- Teijin, Inc. et al. v. Alembic Pharms. Ltd. (D. Del. 2013). Representing Alembic as a first to file applicant in Hatch-Waxman litigation involving Uloric® (febuxostat). Responsible for managing day to day activities and primary client contact.
- Lennon Image Technologies, LLC v. Skullcandy, Inc. (D. Del. 2012). Represented Skullcandy in patent infringement action pertaining to virtual image interface technology.
- AOL, Inc. v. Yahoo! Inc. (S.D.N.Y. 2009). Multi-patent infringement litigation relating to internet advertising technology.
- Successfully defended clients against claims of trademark infringement and trade secret misappropriation, including related injunction practice.
- Represents a growing computer network monitoring business in connection with its managed services agreements and corporate strategy.
- Represented Root Candles in endorsement agreement with famous celebrity.
- Routinely counsel museums and major, top-tier creative content companies on fair use/First Amendment defenses (specific examples intentionally omitted).
- Routinely counsel companies on nominative trademark use.
- Represented Bleacher Creatures, LLC in Pope Francis plush doll matter.
- Represented Bleacher Creatures, LLC in a number of content licensing deals with major professional and collegiate leagues.
- Issued numerous opinion letters to companies and organization concerning parody and other forms of fair use.
- Represented Signet/Sterling Jewelers in negotiating licensing deal with Sofia Vergara.
- Represented agency of LeBron James in negotiating Sprite deal with Coca-Cola.
- Represented Signet/Sterling Jewelers in negotiating licensing deal with Angel Sanchez.
- Represented Vita-Mix Corporation in negotiating deals with Alex Guarnaschelli and other celebrity chefs.
- Quarterbacked launch of new King Cool “beer” associated with recording artist Donnie Iris.
- Represented holding company of bakery goods and intellectual property in sale of company.
- Represented companies of all sizes in trademark prosecution strategies.
- Represented Elevation Group of Companies in various concert and personal management agreements (including Red Sun Rising and the Trinity Cathedral Concert series).
- Assisted numerous multi-national companies with trademark clearance strategies.
- Represented Internet music streaming company consummate a private offering memorandum raising $8.5 Million.
- Represented Vita-Mix Corporation in domain name and trademark infringement matters.
- Represented Elevation Group of Companies in producing a PBS documentary film about Irish music (features performances by six Grammy Award winners, Academy Award and Golden Globe winners, three Rock and Roll Hall of Fame music inductees).
- Represented companies of all sizes in copyright prosecution and licensing strategies.
- Assisted OverDrive, Inc. in rolling out music offering to all public libraries in network.
- Assisted licensing Ray Charles Marketing Group in implementing licensing strategies.
- Represented Internet music streaming consummate merger with a potential competitor.
- Represented Global Tel Link* Corporation in a number of music streaming and technology licensing agreements.
- Represented Elevation Group of Companies in consummating exclusive sponsorship agreements for its ORCHESTRA series (Jewel, Counting Crows, etc.).
- Represented Estate of photographer Art Kane (copyright audit, including “A Great Day In Harlem”).
- Represented estate of major songwriter in assigning copyrights to heirs/successors-in-interest.
- Designed and implemented document retention programs for companies.
- Represented Homax Group in trade dress litigation concerning various consumer products.
- Represented Ideastream (public television and public radio) in American Archives Pilot Project.
- Represented Fitness Question in book deal.
- Represented ringtone provider in clearing music rights for catalogue.
- Represented Cleveland Research Company in a number of copyright and content-related matters.
- Successfully prosecuted several domain name disputes.
- Represented leading University art historian in dispute over authenticity of Jackson Pollock works.
- Represented Homax Group in false advertising litigation in Northern District of Ohio.
- Routinely negotiate publisher agreements, management agreements, record company agreements, producer agreements of all shapes and sizes.
- Represented The Rock and Roll Hall of Fame and Museum in a number of content-related agreements and strategies.
- Represented Sunless, Inc. in worldwide trademark prosecution strategy.
- Represented Cleveland-San Jose Ballet regarding private equity investment and resolving various copyright issues, public television issues, and Musicians’ Union issues concerning staging of “Blue Suede Shoes”.
- Represented artists in executing terminations of transfer.
- Represented Belkin Productions consummate deal with Live Nation.
- Represented Alternative Press in negotiating sponsorship agreements with major beverage company.
- Represented logistics software company in a number of licensing deals.
- Represented major consumer products companies in trademark licensing agreements.
- Represented investment company in consummating deal with film company.
- Designed technology evaluation agreements for LCD technologies.
- Represented Abercrombie & Fitch in trademark prosecution strategy.
- Represented Arizona arts dealer in copyright infringement litigation.
- Represented Vita-Mix Corporation in keyword strategy and various litigations and trademark policing.
- Represented a major production company in licensing music to Electronic Arts for use in Madden VII video game.
- Represented Sherwin-Williams in “App” development agreements.
- Represented Turning Technologies in a number of licensing matters.
- Negotiated record deals and music publishing deals for several artists, with significant advances.
- Represented Cleveland Public Library in connection with the licensing of software among a consortium of Ohio libraries.
- Represented major hair clinic in intellectual property litigation.
- Represented major health care provider in authorship dispute over software.
- Prosecuted several copyright infringement actions against several online ringtone companies for infringement of musical compositions.
- Glanton v. Sony Records, successfully represented Sony in copyright infringement action related to plaintiff’s copyright infringement allegation (dismissed after case was fully briefed).
- Fitness Quest, Inc. et al. v. Universal Music Publishing Group, successfully represented Fitness Quest in copyright infringement litigation over music-related content.
- Successfully represented Dealer Tire in trademark litigation.
- Successfully represented BEMA Music, music publisher of “Play That Funky Music,” in copyright infringement litigation versus major consumer products company.
- Successfully represented music publisher versus multinational company who used song in a film and DVD without permission.
- Represented Lynyrd Skynyrd in copyright infringement dispute in the Northern District of Ohio.
- Represented House of Spices in numerous trademark litigations (obtaining injunctions, consent judgments, and damages).
- Represented OverDrive, Inc. in various litigations.
- Represented Mavea, a division of Brita GmbH, in Northern District of California trademark infringement litigation, and other ancillary matters.
- Quarterbacked music content licensing program for OverDrive, Inc. and its public library customers.
- Successfully represented Entity Production, Inc. in several copyright litigations concerning musical compositions and sound recordings.
- Represented American Greetings Corporation in AAA dispute over creative content.
- Successfully represented Terry’s Tire Town in trademark litigation before the TTAB.
- Represented a leading metals seals company in a trade secret and antitrust lawsuit involving manufacture of security seals.
- Represented a therapy system in a patent infringement lawsuit involving medical devices for treating dysphagia.
- Represented an international manufacturer of plastic and rubber products in a patent infringement and contract dispute.
- Represented an electronic company in a patent infringement lawsuit involving circuit board configurations for tablet and smart phone power chargers.
- Represented an automotive applicant manufacturer in a trade secret lawsuit involving processes for manufacturing fasteners.
- Represented a high-performance blender manufacturer in a patent infringement lawsuit involving food blenders.
- Represented defendants in a patent infringement and contract dispute lawsuit involving bi-fuel engines and generators.
- Represented an arc welding company in a patent infringement and antitrust lawsuit involving welding consumables
- Served as lead outside counsel to a major international polymer manufacturer in connection with a multimillion dollar business process outsourcing transaction with Sterling Commerce to provide and implement SaaS and IaaS.
- Served as lead outside counsel to a major, international, publicly traded manufacturer in connection with a multimillion dollar business process outsourcing transaction with SuccessFactors to provide IaaS for the storage of worldwide employee data.
- Served as lead outside counsel to a major, international, publicly traded manufacturer in connection with a large scale IaaS implementation transaction with Amazon Web Services.
- Served as lead outside counsel to a major, international tire and diversified products company in connection with a $180 million technology services transaction with Verizon for the provision of all network services in the western hemisphere.
- Served as lead outside counsel to a major international tire and diversified products manufacturer in connection with a multimillion dollar business process outsourcing transaction with Salesforce.com to provide and implement SaaS.
- Served as lead outside counsel to a major international steel products company in connection with mobile application licensing on all major platforms (Amazon, Google and Apple).
- Represented clients in patent litigation regarding a variety of technologies including medical devices, consumer products, industrial consumables, automotive systems, diesel engines, and power converters.
- Represented a media advertising company accused of trademark infringement and unfair competition that resulted in the opposing party voluntarily dismissing all claims.
- Provided data breach disclosure compliance for a variety of clients ranging from nationally recognized publically traded companies to local non-profit organizations.
- Prepared patent applications and obtained patent protection directed to a variety of technologies.
- Professional engineering experience includes technical and management positions in the software, biomedical, and polymer science industries, including positions as a program manager with Trilogy Software, Inc.
- Represented a consumer products manufacturer asserting a patent in litigation that resulted in favorable summary judgment on the validity of the patent-in-suit.
- Represented a tier one automobile manufacturer in a declaratory judgment action seeking to invalidate the manufacturer’s patent.
- Provided advice and counsel regarding global data security and compliance for a publicly traded, international manufacturing company.
- Provided document retention and destruction policy guidance and advice and prepared comprehensive document retention and data security policies for a national real estate development company.
- Provided document retention and destruction policy guidance and advice and prepared comprehensive document retention and data security policies for a publicly traded international manufacturing company.
- Provided document retention and destruction policy guidance and advice and prepared comprehensive document retention and data security policies for a major, international sports marketing firm.
- Provided data breach disclosure compliance services to a significant, Ohio based non-profit entity with respect to a data breach event involving customer data on customers residing in the State of Ohio.
- Served as outside counsel to a provider of logistics planning services to small and middle market companies in connection with general corporate intellectual property and technology matters.
- Served as outside counsel to a developer of magnetic resonance imaging equipment.
- Served as outside counsel to a consortium of major international software developers.
- Served as outside counsel to an international polymer and diversified products conglomerate.
- Served as outside counsel to national condominium and apartment developers and owners in connection with satellite and cable television, broadband Internet access and VoIP services implementation agreements
- Served as outside counsel to a national real estate investment trust in connection with a major ERP software license and integration transaction with a major international software vendor.
- Served as outside counsel to a Cleveland-based electrical parts distribution company in connection with a major ERP software license transaction with a major international software vendor.
- Served as outside counsel to a developer of surgical instruments and spinal implants in connection with business issues.
- Served as outside counsel to a Cleveland-based VoIP service provider in connection with a major ERP software license transaction.
- Served as outside consultant to State Senator Eric Fingerhut with respect to the formulation of the Ohio Digital Signature Act.
- Served as outside counsel to a national manufacturer of greeting cards and novelty items in connection with intellectual property and technology contracts and issues.
- Served as outside counsel to a provider of onsite and online health care screening programs and related content and services in connection with general corporate intellectual property and technology matters.
- Served as outside counsel to a major Ohio-based hospital system.
- Served as outside counsel to an international adhesives manufacturer.
- Represented client as defendant in trademark infringement litigation before the court and as opposer in Opposition proceeding before the Trademark Trial and Appeal Board.
- Represented a production company in licensing music to Electronic Arts for use in Madden VII video game.
- Represented a production company in consummating deal with a major beverage company concerning use of musical composition and other content in conjunction with theme song for major NBA sports figure.
- Representation of various Internet music, media, and entertainment companies in drafting streaming and distribution agreements, and in providing general copyright and trademark counseling.
- Successfully prosecuted a copyright infringement action against a major recording artist and his record label for infringement of a musical composition and sound recording in new sound recordings.
- Successfully prosecuted a copyright infringement action against a major cellular telephone manufacturer for infringement of a musical composition in cellular telephone ring tones.
- Serving as lead counsel to the Rock & Roll Hall of Fame and Museum.
- Counseled clients on the selection and adoption of trademarks, service marks and trade names.
- Representation of music publisher in completing intellectual property audit and attending to remedial issues uncovered by same.
- Representation of music publishing and record company in drafting, negotiating, and consummating Internet download and streaming licenses with major cable company for selling and streaming musical compositions and sound recordings.
- Representation of major record labels in obtaining judicial approval of minority recording agreements for international recording artists.
- Representation of investment company in drafting, negotiating, and consummating stock purchase agreement for investment in film production company.
- Successfully registered product design trademarks for multinational consumer products company.
- Successfully represented a regional concert promotion company in a sale of substantially all assets to a national concert promotion and radio company.
- Successfully prosecuted and defended many actions involving trademark infringement.
- Representation of various music production companies in drafting, negotiating, and consummating agreements with musical artists.
- Representation of members of major musical artist in internal trademark dispute with other members over use of artist's federally-registered name.
- Representation of several independent record companies in drafting form recording agreements and in negotiating and consummating recording agreements with both emerging and establishing musical artists.
- Representation of major consumer products company in negotiating various infomercial music composer agreements.
- Provided general business counseling to a variety of streaming media companies and other Internet technology companies.
- Represented major energy drink product companies in the negotiated of various sponsorship agreements.
- Counseled clients on licensing and assignment issues.
- Counseled various clients on legal issues arisng in web site development, safe harbor protections, and domain name protections.
- Successful representation of music publishing company in lawsuit with major telecommunications company for infringement of musical composition in cellular telephone ring tone.
- Representation of leading sports, entertainment, cultural and leisure sponsorship and event management agency in drafting major rock and roll institution anniversary concert.
- Representation of major music magazine regarding various licensing and co-branding deals with major music publishers and record companies, podcasting issues, freelance agreements, and libel and copyright issues.
- Representation of major ballet company regarding obtaining private equity investment and resolving various copyright issues, public television issues, and Musicians' Union issues, concerning successful stage and video production.
- Quarterbacked launch of new beer affiliated with nationally-known rock singer.
- Represented defendant in patent infringement litigation concerning lawn tool; successfully transferred action to local district court; court held for client after Markman hearing.
- Represented leading University art historian and professor in dispute over authenticity of 32 paintings.
- Represented domain name holder in dispute over registration of domain name; negotiated favorable settlement for domain name holder.
- Successfully represented a consumer products company in negotiating favorable settlement with multi-national music publishing company.
- Prosecute trademark and service mark applications before the U.S. Patent and Trademark Office.
- Represented a major public library in licensing software system to a consortium of Ohio libraries.
- Represented a client in the sale of its trade show division.
- Represented a concert promotion company in connection with drafting and consummating a multi-million dollar exclusive sponsorship agreement.
- Represented various trademark owners in Opposition and Cancellation proceedings before the Trademark Trial and Appeal Board.
- Represented a legendary rock artist in copyright infringement litigation and negotiated favorable settlement after summary judgment rulings.
- Successfully represented a multi-media content company in defending copyright infringement action against global transportation company, including obtaining recompense of attorneys’ fees.
- Successfully represented a music publisher in copyright infringement action against multi-national television and film company, obtaining favorable settlement.
- Representation of major musical artist in negotiating anniversary concert with major concert promoter.
- Representation of several musical artists in negotiating and consummating recording agreements with independent and major recording labels.
- Representation of ring tone provider in connection with clearing copyrights for use in cellular telephone ring tones and related general business counseling issues.
- Representation of musical artist management companies in drafting, negotiating, and personal management agreements with musical artists.
- Represented leading provider of infrastructure for distributing premium digital content to public libraries in acquiring music content from major independent and major record labels.
- Counseled clients regarding selection, use and transfer of domain names.
- Represented a major label in defending a copyright infringement lawsuit.
- Representation of investment group procuring and evaluating musical assets investment opportunities.
- Representation of major organizer, producer, and promoter of multiple live concert events in negotiating and consummating $5 million concert and television sponsorship agreement with corporate sponsor.
- Representation of angel-financing funded music and media business with proprietary patent technologies in a general counsel capacity.
- Representation of music publishing company/record company in bringing copyright action against major film production company and DVD manufacturer for incorporating musical composition and sound recording in major commercial film without authorization.
- Successfully prosecuted several Uniform Dispute Resolution Policy actions.
- Successfully stopped infringers and obtained favorable settlements in several product design/trade dress infringement cases.
- Representation of songwriter in procuring and negotiating worldwide music publishing deal with major music publishing company.
- Represented songwriter in obtaining settlement from international film company and major beverage chain related to unauthorized use of musical composition and recording in motion picture.
- Representation of various music and media companies in drafting, negotiating, and consummating Internet web site development agreements.
- Representation of documentary film production company in negotiating rights and licenses for production of major musical artists' film documentaries, and public television broadcasts of same.
- Representation of orchestras in drafting, negotiating, and consummating orchestral concert performance agreements with contemporary musical artists.
- Representation of major musical artist in negotiating with symphony orchestra, concert promoter, and concert sponsor, concert performance agreement featuring musical artist and symphony orchestra (and recordings of same).
- Represented architectural firm in copyright infringement dispute concerning building design.
- Representation of start-up orchestral print company in negotiating licenses from music publishing companies for "motif quoting" in symphonic works.
- Successfully obtained judicial approval of contracts with minors for several major labels.
- Representation of music publishing company in early-stage discussions regarding Broadway production.
- Represented plaintiff in unfair competition and trademark infringement litigation; U.S. District Court granted summary judgment in favor of plaintiff.
- Representation of major musical artist in negotiating product endorsement agreement with major telecommunications company.
- Lynyrd Skynyrd vs. Reed et al
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