The following list provides a sampling of noteworthy copyright, trademark, and theft of idea cases that LSKS has litigated.

Dallal v. The New York Times Co., 352 Fed. Appx. 508 (2d Cir. 2009). LSKS successfully represented The New York Times in a two-week jury trial in a copyright infringement action brought by a freelance photographer who sought $52.5 million in damages. The photographer alleged that the newspaper had no right to publish approximately one hundred of his photographs on NYTimes.com. The jury unanimously sided with the newspaper, and, one week after hearing oral argument on appeal, the Second Circuit affirmed the judgment in favor of The Times.

Close-Up International, Inc. v. St. Petersburg Publishing House, (2d Cir. 2012). LSKS successfully defended, both at trial and on appeal, a U.S.-based distributor of DVDs in a copyright infringement case in which a licensee of Russian copyright holders sought more than $10 million in damages for alleged infringement of a series of classic Soviet-era films. Following a four-day bench trial, the court found in favor of the distributor on all claims. The Second Circuit later affirmed the verdict on appeal.

Crump v. QD3 Entertainment, 2011 WL 446296 (S.D.N.Y. 2011). LSKS successfully defended a filmmaker, obtaining summary judgment dismissing copyright infringement claims arising from the inclusion of musical compositions in a movie about the rap artist Lil’ Wayne.

Nomination di Antonio e Paolo Gensini S.N.C. v. H.E.R. Accessories, 2010 WL 496872 (S.D.N.Y. 2010). LSKS successfully represented various owners of famous cartoon characters in a contributory trademark infringement action, obtaining early dismissal of the claims based on the plaintiff’s failure to plead that the defendants continued to license their characters after obtaining knowledge of the alleged infringements.

Advance Magazine Publishers Inc. v. John Does 1-5 (S.D.N.Y. 2010). LSKS represented Condé Nast in its successful pursuit of copyright infringement and Computer Fraud and Abuse Act claims against parties who obtained unauthorized access to computer systems and obtained content from upcoming magazine issues.

Sims v. Viacom Inc. (E.D. Pa. 2010). LSKS successfully defended Viacom, 51 Minds Entertainment and others against idea theft claims asserted in connection with the VH-1 hit show Charm School.

National Pork Board v. Supreme Lobster & Seafood (U.S. Trademark Trial & Appeal Board 2010). LSKS represented National Pork Board, the Congressionally enacted commodity promotion board for pork, in an opposition based on the Board’s famous mark THE OTHER WHITE MEAT®. In a decision in which the TTAB relied upon the Federal Trademark Anti-Dilution Act for only the second time in the history of the statute, the TTAB found that the client’s mark was likely to be diluted by the applicant’s proposed mark “The Other Red Meat” and denied the trademark application.

BroadVision, Inc. v. General Electric Co., 2009 WL 2603145, 2009 WL 1392059, and 2008 WL 4684114 (S.D.N.Y. 2009). LSKS successfully defended GE against a series of complaints asserting copyright infringement and related claims arising from its alleged use of software beyond the scope of a license.

NBC Universal, Inc. v. Redlasso, Inc. (S.D.N.Y. 2008). On behalf of NBC Universal, Fox News Network, LLC, and Fox Television Stations, Inc., LSKS successfully asserted copyright and trademark infringement claims against a company distributing television programming via the Internet, and obtained a permanent injunction prohibiting use of the networks’ content without their permission.

Rudolph v. Yari Film Group Releasing, 2007 WL 674708 (D.N.J. 2007). LSKS successfully 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.

Therapeutic Research Faculty v. NBTY, Inc., 488 F. Supp. 2d 991 (E.D. Cal. 2007). LSKS successfully represented the publisher of a natural medicines database in asserting copyright infringement and other claims against a large manufacturer and retailer of nutritional supplements premised upon widespread sharing of a confidential username and password for access to the online database among employees not authorized under a license agreement.

McClatchey v. Associated Press, 2007 WL 1630261, 35 Media L. Rep. (BNA) 7885 (W.D. Pa. 2007). LSKS defended the AP in a copyright suit based on its distribution of a photograph of the crash of Flight 93 on September 11, 2001, and won a decision significantly limiting the scope of damages available to plaintiffs under the Digital Millennium Copyright Act, the first decision in the country addressing the remedies available under the statute.

Towler v. Sayles, 76 F.3d 579 (4th Cir. 1996). LSKS attorneys successfully defended award-winning director John Sayles and Miramax Films in a copyright infringement action arising from the highly acclaimed motion picture “Passion Fish.” After a one-week jury trial, the court entered judgment as a matter of law for the defendants, and the Fourth Circuit affirmed.