Mark E. Miller
Two Embarcadero Center, 28th Floor
San Francisco, CA, 94111
Phone: +1-415-984-8904
Fax: +1-415-984-8701
Robert M. Schwartz
1999 Avenue of the Stars, 7th Floor
Los Angeles, CA, 90067
Phone: +1-310-246-6835
Fax: +1-310-246-6779
David R. Eberhart
Two Embarcadero Center, 28th Floor
San Francisco, CA, 94111
Phone: +1-415-984-8808
Fax: +1-415-984-8701
PROFESSIONALS
Related Practices
DirecTV, Inc. Lionel LLC Merrill Lynch News Corporation The Walt Disney Company Trader Joe's Twentieth Century Fox Film Corporation
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Copyright, Trademark, and Internet Litigation
As the digital age shapes our global economy, copyright, trademark and Internet law evolves to keep pace with technology, and companies are increasingly forced to confront novel intellectual property challenges. But 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 victory protecting the ROXY trademark for suftwear giant Quiksilver, Inc., which included two jury trials and an appeal to the Ninth Circuit. And, as new technologies raise novel claims that test the boundaries of traditional copyright and trademark laws, software, e-commerce, and information technology companies continue to turn to O’Melveny for practical guidance and powerful advocacy to help protect and grow their businesses.
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.
- In 2008, 2009, and 2011, our Entertainment and Media Practice received Chambers' highest recognition -- the Award of Excellence -- for our impressive body of high-profile work, including copyright and trademark litigation, for a stellar roster of clients. Chambers USA further observed that:
- Our team is "'worth every cent - the lawyers are clever, aggressive and meticulous' and they benefit from the firm's excellent resources."
- "The scope of the [F]irm's resources allows clients to tap into multidisciplinary expertise, and consequently the team can handle any entertainment and media dispute, including contract issues, rights issues and accounting disputes."
- O’Melveny is "a major force in trademark and copyright matters, especially in those with significant Internet and media dimensions."
- The Legal 500 (2007-20011) recommended us, noting:
- "The practice has experts in transactional and litigation matters and is therefore able to offer a broader service than many competitors."
- Our "high-impact cases exemplify the team's ability to resource 'first-class trial lawyers' with capacity to straddle media and IP issues."
- "With clients exclaiming that 'they are winners’. . . , the firm has a reputation for being 'very smart'."
- We are "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."
- "Offering a comprehensive service to clients. . . its attorneys are 'very determined and very dedicated.'"
- We have 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.
- 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.
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Quiksilver, Inc.
NDS Group PLC
Time Warner, Inc.
Advanced Micro Devices, Inc.
Sony Pictures Entertainment
Lionel LLC
The Walt Disney Company
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