Dale Cendali
Times Square Tower
7 Times Square
New York, NY, 10036
Phone: +1-212-326-2051
Fax: +1-212-326-2061
LAWYERS
- Related Practices
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Apple Inc.
DirecTV, Inc.
E & J Gallo Winery
Fox, Inc.
Home Box Office, Inc.
JK Rowling
Limited Brands, Inc.
Lionel LLC
Merrill Lynch
News Corporation
Sony BMG Music Entertainment
The Walt Disney Company
Time, Inc.
Twentieth Century Fox Film Corporation
Yahoo!
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Copyright, Trademark, and Internet Litigation
Asserting and defending intellectual property rights is more critical than ever in a digital age that is shaping our global economy and forcing companies to confront a multitude of challenges. Whether the problem involves cutting-edge application of copyright law to software and material disseminated over the Internet, or an everyday attack on a trademark, what is needed to resolve disputes is a solid understanding of how intellectual property works and what it protects, along with a knack for framing complex issues in simple terms, in a manner geared to competing policy concerns. O’Melveny brings decades of courtroom experience, up-to-date technical knowledge, and innovative thinking to the latest controversies in copyright, trademark, and Internet law. From technology, to entertainment, to core branding and merchandising, our copyright and trademark work spans the gamut. Our high-profile work includes, for example, our representation of leading academic institutions in a copyright suit against Google over its print library project, which involves scanning books from libraries without seeking copyright holders’ permission, and our important victories protecting the X-Men for Fox, and Harry Potter for JK Rowling. As new technologies raise novel claims, O’Melveny will continue offering clients practical guidance and powerful advocacy to help protect and grow their business.
Key Facts
- Our lawyers have been integrally involved in precedent-setting US Supreme Court cases, such as Moseley v. Victoria’s Secret Catalogue, a landmark case on trademark dilution, and Dastar v. Twentieth Century Fox, a high profile case involving public domain and the role of trademark law after copyright in a work expires.
- Chambers USA (2007) praised our “highly recommended” copyright and trademark lawyers, particularly in New York, for providing “quality and responsive work, literally around the clock.”
- The Legal 500 (2007) recommended us for copyright work, noting:
- With five offices on the West Coast, a strong New York office and substantial back-up from its international network, O’Melveny “is well-equipped to deal with the demands of both old media and new media clients,” whether using the Internet or established, traditional forms of distribution.
- The Firm’s copyright litigation practice “is regularly sought by clients in high-profile national and international litigation.”
- “On the non-contentious side, in addition to advising clients on registration and licensing, the [F]irm provides comprehensive strategic advice and clearance advice for its media clients.”
- Our lawyers have been recognized locally, nationally, and internationally among the best of the best by organizations and publications such as the National Law Journal, Super Lawyer, and World Trademark Review.
- O’Melveny has particular experience handling complex, multifaceted cases, as illustrated by our work for Orthoclear, Inc., in which we simultaneously defended six different actions in various forums, including the International Trade Commission, involving patent, trademark, trade secret, and unfair competition claims.
- Our lawyers are well-versed in handling high-profile cases that capture media and public attention, such as our successful motion to dismiss claims brought by a dancer against Jennifer Lopez and Sony Music Entertainment, affirmed on appeal, involving a music video that paid homage to the film Flashdance, our work for JK Rowling to protect the Harry Potter franchise, and our representation of Twentieth Century Fox Film Corp. against Marvel Comics, involving the blockbuster movie X-Men.
- When Congress sought to preserve its authority to safeguard copyrights to many of America’s most beloved creative works by enacting the Copyright Term Extension Act, we were engaged by the bipartisan leadership of the House of Representatives to respond to constitutional challenges to the proposed legislation. We prepared an amicus brief for the US Supreme Court—the lone amicus brief cited in the majority opinion—which agreed with our argument that the challenge raised nothing more than a policy disagreement with Congress’ judgment.
- Our lawyers helped “write the book” on federal dilution law, and are known for tackling issues of first impression and handling lead cases involving cutting-edge issues of policy and law. Our involvement in the Victoria’s Secret case, for instance, led to an appointment on the International Trademark Association Presidential Select Committee that helped rewrite the federal dilution statute.
- We are experienced in resolving domain name disputes, both pursuant to ICANN (Internet Corporation for Assigned Names and Numbers) proceedings and the Anticybersquatting Consumer Protection Act. For example, we represented Twentieth Century Fox Film Corporation in protecting and enforcing its rights in “The Simpsons” trademark against cybersquatters.
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Twentieth Century Fox Film Corp.
American National Theatre
Martha Graham Center of Contemporary Dance
Time, Inc.
J.K. Rowling
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