Copyright Litigation and Counseling | McDermott Copyright Lawyers

Copyright Counseling and Litigation


While an idea is not copyrightable, the expression of that idea is a valuable asset that you should protect.

These days, ideas can quickly take shape as products and services, including traditional and new media, computer software code, Big Data and data compilations, online content and visual arts.  As technology advances and the law around copyrights continues to evolve, protecting and enforcing your copyrighted works is critical to your IP lifecycle and the success of your business, whether you are an entrepreneur or a Fortune 100 company. To protect those assets effectively, and to propel your continued success and secure favorable transaction or licensing terms down the road, you need a legal team well versed in both cutting-edge legal matters and the diverse business issues you face within your industry.

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  • Brocade Communications in securing a $112 million judgment from a patent, copyright and trade secret infringement action. The case involved 13 patents on load balancing and high-availability networking devices, as well as trade secrets and copyright claims. After a three-week trial, the jury returned a unanimous verdict. Following trial, the court issued permanent injunctions barring A10 from making, using or selling devices that infringed Brocade’s patents and trade secrets. Brocade v. A10 Networks, Case No. 5-10-cv-03428-PSG (Northern District of California).
  • Heineken brewing company in the successful defense arising from the painting over of a mural in Los Angeles with a “Newcastle” advertisement. The case involved claims under the Visual Artist Rights Act, and the California Artists Protection Act. The case settled favorably with no monetary payment by Heineken. Annie Sperling v. Barry Mason Enterprises Inc. et al., Case No. 2-12-cv-10804 (Central District of California).
  • Mike’s Train House, a model train manufacturer, in the successful defense of multiple copyright infringement actions, including:
    • Osment Models, Inc. et al, v. Mike’s Train House, Inc., Case No. 2-09-cv-04189 (Western District of Missouri), which involved copyrights in model buildings.
    • Union Pacific v. Mike’s Train House, Case No. 8-05-cv-00575 (District of Nebraska), which involved logos that appeared on the side of model trains.

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Robert W. Zelnick

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