Copyright - McDermott Will & Emery

Overview

Ideas themselves may be universal, but the original expression of an idea—the capturing of an individual’s, company’s or organization’s creativity in concrete form—is as valuable and protectable as any asset. Our intellectual property lawyers help clients identify, protect and license their copyrightable material, clear rights and negotiate licenses pertaining to works of others, and handle and resolve copyright claims and disputes whether initiated by or against our clients.

Ranked a "2018 IP Star" in Copyright

Managing IP 2018

Results

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).

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Jorge Arciniega

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John J. Dabney

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Jennifer M. Mikulina

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Robert W. Zelnick

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