ADVERTISING & RIGHTS OF PUBLICITY

The firm represented the defendant in a matter which involved numerous claims including patent, copyright and Digital Millennium Copyright Act (DMCA) infringement. The technology at issue involved complex computer data storage equipment. In this “bet the company” case, our attorneys handled numerous dispositive motions, including Markman arguments, as well as a preliminary injunction hearing and its appeal. An appeal resulted in two landmark decisions from the Federal Circuit Court of Appeals. These opinions are the only Court of Appeals decisions interpreting the Computer Maintenance Competition Assurance Act. These opinions, along with three others, are the leading opinions concerning the DMCA.

Spiritas Corp. v. AALCO Inc.

Preliminary consent relief obtained on behalf of plaintiff against dissemination of false, misleading and falsely signed communications harmful to our client's business. The case was featured on page 1 of the Wall Street Journal.

United Van Lines v. HomeLink

We obtained permanent consent injunctions against a real estate relocation service and its executives based on their improper claim of affiliation with a firm client.

Pope v. Chronicle Publishing Co.

We employed a strategy of a summary judgment motion on the initial answer date, thus avoiding extensive and costly discovery in this newspaper libel case. Summary judgment was granted on multiple grounds and affirmed on appeal.

Lemons v. Chronicle Pub. Co.

Appellate court held that articles conveying the message that plaintiff was convicted of multiple crimes involving violent armed resistance to store personnel who apprehended him in the act of shoplifting were substantially true, affording defense to libel action, and that the trial court did not err in denying plaintiff's motion for default.