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.
In addition to sharing our deep technical knowledge around complex copyright issues, we help you go further by offering you practical, business-first strategies and solutions to protect your creative works and enforce or defend those rights when necessary. Our team has a range of experience in handling copyright issues, including identifying, protecting and licensing copyrightable material, clearing rights and negotiating licenses around the works of others. And when issues of fair use or other potential disputes arise, we are equipped to help you resolve matters quickly or enforce and defend your rights in litigation.
We also work in partnership with our clients and across our Firm to find solutions to copyright issues that stem from employment, trade secret, right of publicity and corporate transaction matters. In every engagement, we draw on your business goals and our years of experience in an ever-changing legal landscape to reduce risk, find new opportunities for growth and get the best results on your behalf.
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.
Static Control Components, a chip manufacturer, in the successful defense of a copyright infringement action under the Digital Millennium Copyright Act. Lexmark International, Inc. v. Static Control Components, Inc., Case No. 5-02-cv-00571 (Eastern District of Kentucky).
Nervous Tattoo, a tattoo creator, in the successful defense involving the misuse of the creator’s copyrights by an exclusive licensee. Hardy Life, LLC v. Nervous Tattoo, Inc. et al., Case No. 2-08-cv-03524 (Central District of California).