Intellectual Property Litigation

Internet Law

Experience

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)

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.

GTE Wireless v. PCS

Represented GTE Wireless as a plaintiff and counter-defendant in a multi-pronged litigation regarding cellular telephone services carried out simultaneously in federal, state, and bankruptcy court and before the Federal Communications Commission.  The case settled on favorable terms.

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.

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.

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.

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.”

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.

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").

Firm Highlights

Event

Antitrust and Technology: Perspectives From In-House Competition Counsel

Chris Wheeler is the moderator for the Association of Corporate Counsel San Francisco Bay Area Chapter program "Antitrust and Technology: Perspectives from In-House Competition Counsel." Overview: As the COVID-19 pandemic has accelerated the digital...

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Publication

Undergoing Bankruptcy Proceedings? Here’s How to Make Sure PII Maintains Its Value

Due to the COVID-19 pandemic, some businesses are considering potential liquidation or restructuring through bankruptcy. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings...

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News

Farella’s Aviva Gilbert Honored With WWCDA Catherine M. O’Neil Mentoring Award

SAN FRANCISCO, November 19, 2020: Northern California legal powerhouse Farella Braun + Martel is pleased to announce that Aviva J. Gilbert will be honored by the Women's White Collar Defense Association (WWCDA) with its Catherine...

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News

Year-End Planning After The Election: What Financial Advisors & Tax Pros Are Telling Clients About Future Tax Changes

Lauren Galbraith was quoted in the Forbes article "Year-End Planning After The Election: What Financial Advisors & Tax Pros Are Telling Clients About Future Tax Changes." Read the full article, here .

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Publication

Top 10 Practical Business Implications Arising From the Passage of the CPRA

California’s Proposition 24 passed as expected, and the new California Privacy Rights Act will change the privacy landscape created by the California Consumer Protection Act (CCPA), which went into effect only months ago. While...

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Event

Conducting Internal Investigations: Latest Best Practices for Companies and Their Counsel

William Keane will moderate a panel on the latest best practices for companies and their counsel in conducting internal investigations. 

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Publication

Marine Plastic Pollution: How Global Extended Producer Responsibility Can Help

Nearly nine million tons of plastic waste flow into our oceans each year, arriving in many ways—ranging from polluted rivers and waterways to the wastewater from our washing machines. Once in the ocean, this pervasive...

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Event

North Coast Cannabis Industry Conference

Farella Braun + Martel is proud to underwrite the North Bay Business Journal's 2020 North Coast Cannabis Industry Conference series. This live virtual event will explore new opportunities and challenges to the medical, recreational, and...

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News

How California Wine Business Property Transfer Rules Will Change in 2021

Lauren Galbraith commented in the North Bay Business Journal article "How California Wine Business Property Transfer Rules Will Change in 2021."  “I see families in the wine business demonstrate keen awareness that they must...

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Publication

Arbitration Agreements in Privacy Disputes: The Wyze Decision and the CCPA

Earlier this year, a number of individuals brought a lawsuit in the United States District Court for the Western District of Washington against Washington-based company Wyze Labs, Inc (Wyze), which manufactures “smart” home cameras...

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