Intellectual Property Litigation

Internet Law

Experience

Viacom International, Inc. et al. v. YouTube, inc. et al.

We filed an amicus brief on behalf of several national consumer groups asking the Second Circuit to affirm the district court’s grant of summary judgment in favor of YouTube and Google against the plaintiffs’ claims of copyright infringement based on the DMCA “safe harbors.”

Warner Bros. Records v. SeeqPod

We defended search engine SeeqPod in a copyright infringement matter brought by Warner Brothers Records and several other major music labels in the Central District of California. Warner is alleging that SeeqPod's technology allows the infringement of copyrighted materials, and is seeking a preliminary injunction. We are defending the action based on a number of "safe harbors" under the Digital Millennium Copyright Act ("DMCA").

Disney Enterprises, Inc. et al. v Hotfile Corp., et al.

Represented a cloud storage company against copyright infringement claims brought by five major movie studios in federal district court in Florida. The case involved cutting-edge issues of law under the DMCA, the Stored Communications Act and the Copyright Act in the cloud-computing context. 798 F. Supp. 2d 1303 (S.D. Fla. 2011)(motion to dismiss denied in part)

Rosen v. Hosting Services, Inc.

We defended internet service provider Hosting Services who was sued for contributory copyright infringement. We defeated all of Plaintiff’s claims at summary judgment, arguing his notice of the alleged infringement had been inadequate to impart sufficient knowledge of the location of alleged infringement such that Hosting Services was under a duty to takedown the files.

AGF Reinsurance et al. v. Spar Aerospace LTD

In an action testing the boundaries of industry‑standard contracts, we defended the Canadian manufacturer of a communication satellite that malfunctioned after launch in an action brought by an international consortium of insurance companies that underwrote launch insurance for the mission.

Boldryev v. Frankel

We represented the original developer of WinAmp, the industry leading MP3 player, involving claims of fraud, copyright infringement, and partnership accounting by an alleged co-developer, following the sale of the company to AOL.  The case was successfully resolved.

Corbis v. Ofoto

We defended online photography service Ofoto, a subsidiary of Eastman Kodak, against first-impression claims of copyright and trademark infringement relating to the online sharing and exchange of photographs.   We obtained a successful settlement for our client. 

Global Retail Corporation

Representing a brand name, global retailer to analyze the importance of patents to their online and offline product delivery models, with a specific goal of determining how a strategic defensive patent strategy that includes acquisition and internal development could minimize future patent litigation.

Macromedia v. Ashford.com

Represented Macromedia in connection with an action against Ashford.com for claims arising from a software license and consulting agreement relating to Macromedia’s LikeMinds software.  We succeeded in avoiding extensive discovery and obtaining a prompt and favorable settlement for our client. 

MIT v. Dolby Laboratories

We defended Dolby Laboratories in an action brought by the Massachusetts Institute of Technology relating to a licensing agreement for the development of digital sound technology used in high definition televisions.   After a jury trial in the District Court in Boston, a favorable settlement was reached for our client.

Stafursky et al. v. Internet Success Systems et al.

Defended a nationwide leasing company in a class action alleging deceptive marketing practices, including violations of the Unfair Competition Law, the False Advertising Law, the Consumer Legal Remedies Act, and common law fraud and unjust enrichment. We derailed the plaintiffs' case at the outset of the litigation by obtaining a trial court order staying all claims against our client based on a forum selection clause that required the plaintiffs to bring their claims in another state. We then successfully settled the matter on favorable terms.

Travelocity

We represent Travelocity in two separate pre-arbitration contract disputes involving the content on its well-known travel website.

Walmart.com

Represented one of the nation’s most well-known online retailers as its outside intellectual property counsel, advising on matters ranging from compliance with regulatory regimes, licensing matters, “spam” statutes (such as CAN-SPAM), advertising issues, patent and trademark matters, and the impact of new developments in the “e-tail” space.

Firm Highlights

Publication

10 Tips for Mandatory Covid-19 Vaccination Policies

The Biden administration recently announced that it will be mandating Covid-19 vaccine policies for federal contractors and federal employees, as well as for employers with over 100 employees. This announcement, along with surging Delta...

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Event

Pushing for Diversity in Philanthropy

Join Farella's Wendy Hernandez and guest speaker, Afshan Paarlberg, assistant visiting professor at Indiana University Lilly Family School of Philanthropy, for the nonprofit industry program "Pushing for Diversity in Philanthropy." A pressing question for many philanthropists...

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News

Farella Braun + Martel Pursues Midsize Mansfield Rule Certification

Farella Braun + Martel is proud to announce that it is participating in the second iteration of the Midsize Mansfield Rule certification process, which aims to increase the representation of diverse lawyers in leadership...

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Publication

How Changes to California’s Fire Regulations Could Affect North Coast Housing Projects

Both the Board of Forestry and the State Senate are considering changes to state fire regulations that would affect real estate development in California. The first set of changes can be found in the...

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News

Farella Braun + Martel Announces Final Court Approval of $575 Million Settlement With Sutter Health in Landmark Antitrust Class Action

Farella Braun + Martel is proud to announce that San Francisco Superior Court Judge Anne-Christine Massullo has granted final approval of the landmark $575 million antitrust class action settlement with Sutter Health, the largest...

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Event

Legal Trends in the Wine Industry

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Event

The Gorilla in the CERCLA Closet: Natural Resources Damages (Webcast)

Sarah Bell will present "The Gorilla in the CERCLA Closet: Natural Resources Damages" session at the ALI-CLE Environmental Litigation webcast.  She will cover: Creative applications of NRD claims Marshalling the NRD trustee’s case NRD...

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News

Farella Braun + Martel Recognized in 2021 Chambers High Net Worth Guide

Farella Braun + Martel’s Private Client Industry Group earned recognition in the 2021 Chambers High Net Worth (HNW) guide as a leading firm in the Private Wealth Law category for Northern California. A publication...

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Publication

No Quarter: What Claims Doesn’t Section 230 of the Communications Decency Act Protect Platform Companies Against?

Depending on what you read or who you talk to, Section 230 of the Communications Decency Act (47 U.S.C. § 230) (CDA) is either a tool of censorship, a shield of Big Tech that...

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Publication

How to Guard Against 3 Cannabis Cyber Attack Risks

Cyber attacks are now commonplace. Ransomware attacks, in particular, have skyrocketed in frequency and size. High-profile data breaches have cost businesses in the United States millions of dollars in losses and incalculable reputational harm...

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