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Northeast
Dallal v. The New York Times Co., 2009 WL 3680501 (2d Cir. Nov. 5, 2009). LSKS obtained summary affirmance of a defense verdict in a copyright infringement action brought against The New York Times and its affiliates. The action, which culminated in a two-week jury trial, No. 03-CV-10065 (S.D.N.Y. 2007), sought damages of $52.5 million arising from the inclusion on the Times’ website of more than 100 freelance photographs that had appeared in the printed newspaper.
Sly Magazine, LLC v. Weider Publications, LLC, No. 08-2430 CV (2d Cir. Sept. 23, 2009). The Second Circuit affirmed summary judgment for LSKS client American Media, Inc., in a trademark and unfair competition case brought against AMI by “Sly,” an online publication devoted to women’s shoes. The Court held that there was no “likelihood of confusion” between the plaintiff’s fashion-oriented website and the AMI-published (now defunct) SLY magazine, a print publication that reflected the lifestyle of its founder, Sylvester “Sly” Stallone. Despite their similar names, the publications were marketed to different readers, appeared in different media, and used different script, font, and layout in their designs, the appeals court concluded.
Parks v. ABC, Inc., No. 08-2514 (2d Cir. 2009). LSKS successfully represented ABC in an appeal from a judgment dismissing copyright infringement and Lanham Act claims brought by a songwriter alleging that ABC Records distributed songs allegedly written by her. The United States Court of Appeals for the Second Circuit affirmed the dismissal of those claims, holding they were barred by the applicable statutes of limitations.
Auscape International v. National Geographic Society, No. 02-CV-6441 (S.D.N.Y. 2009). Following remand of the matter from the Second Circuit, LSKS was retained to take over the defense of ProQuest LLC and ProQuest Information & Learning Company in this landmark copyright infringement matter arising from the publication of electronic and microform editions of National Geographic magazine. Shortly thereafter, all remaining claims against the ProQuest parties were settled.
NBC Universal, Inc., Fox News Network, LLC, and Fox Television Stations, Inc. v. Redlasso, Inc., No. 08-CV-6544 (S.D.N.Y. 2008). LSKS successfully represented television networks and affiliates in asserting copyright and trademark claims against an internet company that copied and sought to make available via the internet the networks’ television and radio programming.
BroadVision, Inc. v. General Electric Co., No. 08-CV-1478 (S.D.N.Y. 2008). LSKS attorneys successfully defended General Electric Co. against copyright infringement, breach of contract and related state law claims arising from the use of software by GE subsidiaries allegedly in excess of the rights licensed to them. The court granted GE’s motion to dismiss all claims asserted against it, finding that GE did not commit copyright infringement and holding that all of the state law claims were preempted. Subsequently, the court likewise granted GE’s motion to dismiss plaintiff’s amended complaint, rejecting plaintiff’s alternate theories of copyright infringement and finding that plaintiff’s allegations did not amount to a breach by GE.
Berry v. Deutsche Bank Trust Co., No. 07-CV-7634 (S.D.N.Y. 2008). LSKS attorneys successfully defended General Electric Capital Corp. against claims of vicarious and contributory copyright infringement arising in connection its having made commercial loans to parties alleged to have infringed a software designer’s copyright. The court granted GECC’s motion to dismiss all claims asserted against it.
Gregory Industries, Inc. v. Unitron Products, Inc., No. 08-CV-4346 (S.D.N.Y. 2008). LSKS attorneys successfully represented a manufacturer of steel products pursuing cybersquatting and trademark infringement claims against a competitor.
Miller v. Paramount Pictures, No. 07-CV-906 (S.D.N.Y. 2008). LSKS attorneys defended Paramount Pictures, MTV Networks, and Black Entertainment Television against copyright infringement claims relating to depiction of a photo of Tupac Shakur in various television programs and movies. The matter was settled following LSKS’s submission of motions to dismiss.
CBS Broadcasting Inc. v. Counterr Group, No. 05-CV-7946 (S.D.N.Y. 2008). LSKS successfully defended CBS against an array of state law claims that the network had improperly used the plaintiffs’ video in its news reports. The trial court granted CBS’s motion for judgment on the pleadings, holding that the claims were preempted by federal copyright law.
Counter Terrorist Group US v. Associated Press, No. 07-CV-6299 (S.D.N.Y. 2008). LSKS successfully defended AP against a suit alleging that it had infringed plaintiffs’ copyrights by using their video and photographs in its reporting.
Mandracchia v. Focus Features LLC, No. 06-CV-7591 (S.D.N.Y. 2006). LSKS attorneys successfully defended Focus Features and Miramax Film Corp. against claims that the title of their motion picture “Hollywoodland” infringed trademark rights held by a theater production company. Following a hearing, the court denied the plaintiffs’ motion for a preliminary injunction, and the plaintiffs withdrew their claims shortly thereafter.
American City Business Journals v. That’s Great News, No. 06-CV-4990 (S.D.N.Y. 2006). LSKS attorneys successfully represented a publisher of business journals in asserting copyright and trademark infringement claims against a company engaged in selling unauthorized reprints and other products containing content that appeared in the journals. The court entered judgment for the publisher.
Payer v. B.B. Becker, LLC, No. 04-CV-7371 (S.D.N.Y. 2005). LSKS attorneys defended a jewelry designer and manufacturer in obtaining a defense verdict following a six-day jury trial in a case alleging trade dress infringement.
Freeplay Music, Inc. v. Cox Radio, Inc., No. 04-CV-5238 (S.D.N.Y 2005). LSKS obtained the dismissal of claims against Viacom asserting unfair competition under the Lanham Act and other related claims under state law arising from the broadcast by numerous radio stations of commercials containing music compositions or recordings allegedly owned by Freeplay.
Williams v. American Broadcasting Cos., Inc., 2005 WL 774275 (S.D.N.Y. 2005). LSKS attorneys represented ABC in a copyright infringement action arising out of the use of the plaintiff’s film clips in movie reviews. The court granted ABC’s motion for summary judgment.
Video-Cinema, Inc. v. Cable News Network, 2004 WL 213032 (S.D.N.Y. 2004); 2003 WL 1701904 (S.D.N.Y. 2003); 2001 WL 1518264 (S.D.N.Y. 2001). LSKS attorneys defended ABC in a copyright infringement action arising out of the use of a film clip in news obituaries for actor Robert Mitchum. The court granted ABC’s motion for summary judgment and awarded ABC its attorneys’ fees and costs.
ADS Productions, Inc. v. Brush, No. 04-CV-05599 (S.D.N.Y. 2004). LSKS successfully defended FOX Entertainment Group, Rocket Science Laboratories, and others in a copyright infringement action in which the plaintiff alleged the theft of his concept and treatment for a reality television series.
National Association of Freelance Photographers v. Associated Press, 26 Media L. Rep. (BNA) 1481 (S.D.N.Y. 1997). LSKS attorneys represented The Associated Press in an action purporting to have been brought on behalf of all freelance photographers who created photographs for AP. The plaintiffs asserted that every use of freelance photography made by AP beyond a first use infringed copyrights held by the photographers. The trial court granted AP’s motion for judgment on the pleadings.
Associated Press v. Gotta Have It!, No. 97-CV-2898 (S.D.N.Y. 1997). LSKS attorneys represented The Associated Press in its copyright infringement action against a memorabilia shop that sold unauthorized, signed reproductions of AP photographs of famous golfers, including Tiger Woods. The court granted judgment for AP.
Reg Grundy Productions v. Univision Network, No. 94-CV-8757 (S.D.N.Y. 1994). LSKS attorneys successfully represented Univision Network in an action seeking to enjoin the broadcast of a game show that allegedly included elements of a program produced by the plaintiff.
Univision Ltd. Partnership v. Telemundo, No. 94-CV-4597 (S.D.N.Y. 1994). On behalf of the Univision Television Network, LSKS attorneys asserted copyright infringement claims and obtained injunctive relief barring the broadcast on a competing network of excerpts of Univision’s coverage of the World Cup soccer championship tournament.
Mathieson v. Associated Press, 23 U.S.P.Q.2d 1685 (S.D.N.Y. 1992). LSKS attorneys defended The Associated Press in an action for copyright infringement based on AP’s news photograph of a copyrighted brochure picture depicting Oliver North endorsing bulletproof vests. The court granted summary judgment for AP.
Soccer United Marketing, LLC v. Best Funding Home Loans, Inc., No. 603366/06 (N.Y. Sup. Ct. 2007). LSKS successfully represented affiliate of Major League Soccer in litigation arising from dispute relating to promotion of soccer matches.
Dorm v. Viacom Outdoor Inc., No. 104046/05 (N.Y. Sup. Ct. 2007). LSKS defended Viacom Outdoor in an intentional interference with contract claim brought by four models depicted as domestic abusers in a New York City public service campaign that was posted on subways and buses. The court granted summary judgment for Viacom Outdoor.
Showtime Networks v. Cellco Partnership, Opp. No. 91/169,050 (T.T.A.B. 2007). LSKS attorneys represented Showtime Networks in a trademark opposition proceeding arising in connection with an application by Verizon Wireless to register the mark “GET FLIX.”
Major League Soccer v. Kappa U.S.A., Inc., No. 50 T 180 00377 03 (Am. Arb. Ass’n 2004). LSKS attorneys successfully represented Major League Soccer in arbitration proceedings arising from a licensing dispute with a former supplier of official equipment.
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Mid-Atlantic
Scott v. National Institutes of Health, No. 04-5345 (D.C. Cir. 2005). LSKS defended Science Magazine and the American Association for the Advancement of Science in this action asserting claims for misappropriation of trade secrets, race discrimination, copyright infringement, civil conspiracy, violation of the federal Racketeer Influenced and Corrupt Organizations Act, antitrust laws, and various other statutes arising out of a scientific paper plaintiff alleged he authored. The District of Columbia Circuit summarily affirmed the trial court’s dismissal of the action without requiring full briefing.
Phillips Business Information, Inc. v. Atlas Telecom, Inc., No. 93-446 (D. Del. 1993). LSKS attorneys represented a newsletter publisher in a copyright infringement action against a company that had engaged in cover-to-cover photocopying of a newsletter for internal distribution. The court entered judgment for the publisher.
Comins v. Discovery Communications, Inc. and York Films, Ltd., 200 F. Supp. 2d 512 (D. Md. 2002). LSKS attorneys represented Discovery Communications and York Films in a lawsuit brought by a book author who claimed a Discovery film infringed his copyright and misappropriated his name. The court granted summary judgment for the defendants.
Rudolph v. Yari Film Group Releasing, No. 06-cv-1511, 2007 WL 674708 (D.N.J. 2007). LSKS represented director Sidney Lumet, actor Vin Diesel, and numerous others involved in the production of the movie “Find Me Guilty” in a copyright infringement action. The plaintiff, who had written a book about an actual criminal trial, asserted that the movie, which was based on the same true-life facts, infringed his work. Following the court’s granting of defendants’ motion to dismiss plaintiff’s unjust enrichment claims, the action was settled.
BlessingWhite, Inc. v. General Electric Co., 06-cv-02372 (D.N.J. 2006). LSKS represented GE in connection with the defense of copyright infringement claims asserted by a provider of employee training materials.
World Star Fitness, LLC v. Wally Boyko Productions, Inc., 05-CV-5535 (D.N.J. 2006). LSKS attorneys successfully defended the producer of televised Ms. Fitness® fitness competitions against trademark infringement and unfair competition claims asserted by the proprietor of a fitness web site.
Parker v. Viacom International, Inc., No. 08-cv-3630, 2009 WL 660050 (E.D. Pa. 2009). LSKS successfully defended Viacom International Inc. against Sherman Act and Clayton Act antitrust claims, claims of false advertising, false designation of origin, and disparagement under the Lanham Act, and other federal and state claims arising from a VH-1 reality television program. The district court granted Viacom’s motion to dismiss the complaint in full.
Messina v. Viacom International, Inc., No. 2:05-CV-6600 (E.D. Pa. 2007). LSKS represented MTV in a trademark infringement case brought by a cosmetics retailer based on the graphics used in connection with MTV’s hit show, MY SUPER SWEET 16. After the filing of defendant’s summary judgment motion, the case settled.
McClatchey v. The Associated Press, No. 3:05-CV-145, 2007 WL 776103, 35 Media L. Rep. 1513 (W.D. Pa. 2007). LSKS attorneys defended AP against copyright infringement and Digital Millennium Copyright Act claims seeking multiple awards of statutory damages for each of the more than 1,000 publications to whom AP distributed the work at issue. Following the court’s ruling on AP’s motion in limine that, even if it could be shown that AP’s distribution was unauthorized, plaintiff could recover at most only a single statutory damage award under the Copyright Act and the DMCA, the matter was settled.
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South
Warren Publishing Inc. v. Microdos Data Corp., 522 U.S. 963 (1997). LSKS represented a coalition of newsletter publishers as amicus curiae in seeking United States Supreme Court review of an Eleventh Circuit decision that stripped copyright protection from a broad range of factual compilations.
Eaton v. National Broadcasting Co., 145 F.3d 1324 (4th Cir. 1998), aff’g 972 F. Supp. 1019 (E.D. Va. 1997). LSKS attorneys defended a copyright infringement action brought against NBC, The WB Television Network, Witt Thomas Productions and others arising out of the television series “Brotherly Love.” The Fourth Circuit affirmed summary judgment for the defendants.
Towler v. Sayles, 76 F.3d 579 (4th Cir. 1996). LSKS attorneys represented award-winning director John Sayles, Miramax Film Corporation and others in a copyright infringement action arising from the highly acclaimed motion picture “Passion Fish.” After a multi-day jury trial, the court entered judgment as a matter of law for the defendants, and the Fourth Circuit affirmed.
Pasha Publications, Inc. v. Enmark Gas Corp., 19 Media L. Rep. (BNA) 2062 (N.D. Tex. 1992). LSKS attorneys represented a publisher in its copyright infringement action against a Texas corporation that engaged in repeated, unauthorized cover-to-cover photocopying of a newsletter. The court entered judgment for the publisher.
Bea v. HBO, 26 Media L. Rep. (BNA) 2373 (E.D. Va. 1998). LSKS represented Home Box Office in a copyright infringement action brought by a man who claimed an HBO original film, “First Time Felon,” was similar to a script he had written and sent to various people over the Internet. The court granted summary judgment for HBO.
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Midwest
FatWallet, Inc. v. Best Buy Enterprises Services, Inc., 2004 WL 793548 (N.D. Ill. 2004). LSKS attorneys represented a department store company in obtaining dismissal of a suit brought by an ISP challenging the constitutionality of the take-down provisions of the Digital Millennium Copyright Act.
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West
Fisher v. United Feature Syndicate, Inc., 203 F.3d 834 (10th Cir. 2000) (Table), aff’g 37 F. Supp. 2d 1213 (D. Colo. 1999). LSKS attorneys represented a cable television network and book publisher in their successful defense of copyright infringement claims brought by a cartoonist asserting his original cartoon works were infringed by Charles Schulz’s “Snoopy.”
Therapeutic Research Faculty v. NBTY, Inc., 488 F. Supp. 2d 991 (E.D. Cal. 2007). LSKS represented the publisher of a natural medicines database in asserting copyright infringement and other claims against a large manufacturer and retailer of nutritional supplements. LSKS successfully defeated the defendants’ motion to dismiss the case, convincing the court that the allegations – widespread sharing of a confidential username and password used to access the on-line database among employees not authorized under a license agreement – properly stated a claim for copyright infringement, as well as for violations of the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, and analogous state law statutes and doctrines.
Four Navy SEALs v. Associated Press, 413 F. Supp. 2d 1136 (S.D. Cal. 2005). LSKS successfully defended The Associated Press and its reporter against invasion of privacy and copyright infringement claims arising from the publication of photographs depicting Navy SEALs detaining Iraqi prisoners, which were disseminated with a news report about a Navy investigation into the existence of the photos and the conduct they depicted.
Student Sports, Inc. v. ESPN.Com, No. 02-CV-5673 (C.D. Cal. 2003). LSKS attorneys defended The Associated Press in an action asserting copyright infringement and state law claims arising from AP’s publication of ratings and reports relating to high school sports. The plaintiff company voluntarily withdrew its remaining cause of action against AP after the trial court dismissed the lion’s share of its claims.
Clean Flicks of Colorado, LLC v. Soderbergh, 433 F. Supp. 2d 1236 (D. Colo. 2006). LSKS attorneys successfully represented motion picture studios in a copyright infringement action against companies producing and distributing “family friendly” edited versions of movies with scenes and/or dialogue deleted or masked.
Religious Technology Center v. F.A.C.T.NET, Inc., 901 F. Supp. 1519 (D. Colo. 1995). LSKS attorneys represented a non-profit advocacy group in obtaining denial of a preliminary injunction against their dissemination of religious works on the Internet on claims of misappropriation of trade secrets and copyright infringement.
Camellia City Telecasters, Inc. v. Tribune Broadcasting Co., 762 F. Supp. 290 (D. Colo. 1991). LSKS attorneys represented a television station group in obtaining a ruling that group buys of syndicated off-network programming did not violate the Sherman Antitrust Act.
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