• Intellectual Property

    Leveraging Your IP for Success  
    Innovation and creative expression—protected by patents, trademarks and copyrights—are some of the primary drivers of the U.S. economy. Intellectual property rights granted by the government to promote and protect innovation benefit creators, countless complementary companies and society at large.

    Manatt understands the importance of intellectual property to your business and how it connects your success with that of your business partners. Our work with a broad range of IP-intensive industries over many years has led us to create and refine strategies for protecting and monetizing some of the most significant and valuable product innovations, brands and content in the marketplace.

    Wired Into the Digital IP World 
    Manatt’s Intellectual Property team possesses in-depth knowledge of many nontraditional legal issues, such as rights of privacy and publicity, digital rights management and idea misappropriation. In particular, our firm’s experience with entertainment-related information technology provides our IP lawyers with insight into advanced technologies such as computer hardware and software; smartphones and tablets; wired and wireless networking; big data, cloud computing and storage; nanotechnology; and other cutting-edge and Internet-related technologies, including e-commerce and social media applications and solutions for trans-media and trans-platform tracking and managing of copyright-protected online content.

    Leading-Edge Lawyers, Cutting-Edge Practice  
    Well-entrenched in Los Angeles, New York and Silicon Valley, our Intellectual Property group provides top-notch transactional and litigation services, including counseling, registration, brand protection, mediation, arbitration, trial and appeal.

    Copyright Litigation. Manatt is a go-to firm for copyright litigation. Our lawyers represent major record labels and music publishers, such as BMG Music, EMI Music Publishing, Arista Records and Warner/Chappell Music, as well as prominent composers and recording artists, including Usher, Bruce Springsteen, Jay DeMarcus of Rascal Flatts, the estate of Elvis Presley, Brian Wilson, Neil Young and Jackson Browne, in copyright infringement actions across the country. We enforce and defend copyrights in fictional characters (including Betty Boop, Barney, Rocky, Zorro and Dennis the Menace), computer and communications software, literary works (including the works of authors John Steinbeck, Raymond Chandler and Helen Fielding), motion picture and television formats and scripts, luxury goods, and countless other works and industries.

     Right of Publicity. Manatt’s lawyers have advised or served as litigation counsel for Barbra Streisand, Tiger Woods, Jim Brown, Sylvester Stallone and the estates of Elvis Presley, Frank Sinatra and Miles Davis, among many other big-name clients, regarding right of publicity, false endorsement and false association claims. We have been at the forefront of emerging case law in which rights of publicity clash with the First Amendment and technology.

    Trademark Registration and Enforcement. We believe that strategies for trademark use and registration and enforcement and litigation should be viewed as interdependent; that there are advantages to utilizing the interplay between the registration process, district court litigation, and actions before the Trademark Trial and Appeal Board. We work closely with our clients to enhance the strength of their brands through correct trademark use and registration, and develop corresponding enforcement strategies geared toward identifying potential infringements at the earliest possible moment. By partnering with our clients to develop individualized approaches to trademark protection, we can also make prosecution and enforcement decisions with an eye toward how those decisions ultimately will affect litigation directed at other portions of their trademark portfolio, which can result in significantly reduced litigation costs.

    Trademark, Trade Dress and Unfair Competition Litigation. Our lawyers aggressively prosecute and defend trademark and trade dress infringement, unfair competition, trademark dilution, cybersquatting, false advertising and false designation-of-origin claims in federal and state courts throughout the country, as well as in TTAB proceedings, arbitration proceedings under ICANN’s Uniform Domain Name Dispute Resolution Procedures and multinational proceedings. Our clients include H&M, Mark Fisher Footwear, Blue Shield of California, Nutrisystem, MillerCoors, IMAX, Hallmark and Crayola.

    Patent Litigation. Our lawyers have secured record-setting patent infringement jury verdicts and settlements and have successfully defended patent infringement suits seeking millions of dollars in royalties. Specializing in bet-the-company litigation, we have validated through litigation the patents of clients such as Good Technology (fka Visto), for whom we obtained an eight-figure settlement with Research in Motion. Although we are in court and the ITC regularly, our lawyers have also obtained many favorable resolutions without resorting to litigation.

    Helping You Manage and Monetize Your IP
    Our Intellectual Property group regularly performs audits to help clients inventory their IP assets. We also develop plans to exploit those assets, advise on the formation of joint ventures and strategic affiliations, and structure IP licensing deals. We provide wide-ranging services to producers and international distributors of feature films, music and digital rights. For example, we represented Alliance Films in the renewal of a long-standing distribution partnership with Miramax Films that gave Alliance distribution rights in Canada for the entire Miramax library as well as long-term Canadian distribution rights for all films that Miramax produces or acquires in the next five years.

    Keeping Your Transactions on Track
    Manatt’s Mergers and Acquisitions team regularly taps our Intellectual Property group to conduct due diligence investigations of target companies. In some cases, IP is at the heart of the transaction, such as when we represented BMG Rights Management GmbH in series of seven separate music publisher acquisitions over a short time span that added more than 1 million copyrights to its catalog.

    IP Strength Across a Broad Range of Industries
    Entertainment. We handle the full spectrum of IP issues affecting the entertainment industry and have been particularly involved in the new and nontraditional ways in which entertainment is being delivered to consumers. Our experience includes:

    • Representing online companies, Internet and wireless service providers, record companies and music publishers, and individual creators of music in contract negotiations regarding the digital distribution and licensing of musical material
    • Working with game developers, publishers and distributors, and their partners in the traditional entertainment industry to address issues arising from the use of live-action footage, copyrighted characters and stories, and celebrity names and likenesses
    • Representing production companies and distributors in connection with licensing agreements and the prosecution of illegal copiers and downloaders
    • Advising Internet and wireless service providers in their roles as producers, distributors and consumers of audio and audiovisual content over a variety of platforms

    Consumer Goods. We protect the IP rights of the owners of some of the world’s most famous brands. Our lawyers also regularly advise clients on the availability of new brand names intended for use in the United States and abroad; file and maintain trademark applications in the United States and in over 200 other countries; and develop, implement and litigate enforcement and anti-counterfeiting programs.

    Advertising. In the advertising arena, we identify trademark and copyright issues, conform ads to media industry policies, answer challenges by third parties, and defend against false advertising, product disparagement, unfair competition and infringement claims. We also resolve compliance issues involving online campaigns and advise on the creation of privacy policies and data collection procedures.

    Banks and Financial Institutions. Manatt’s roots are in working with financial services clients, and our keen understanding of this industry informs the work we do protecting bank names, trademarks and service marks, and product and process innovations. We also obtain and perfect security interests in patents, trademarks and other IP assets, and secure their rights in e-commerce IP, from domain names to online mortgage, credit and other web-based financial services applications.

    Attorneys & Professionals

    Becker, Robert D. Palo Alto 650.812.1370
    Begland, Robert R. Los Angeles 310.312.4324
    Brody, Jesse Los Angeles 310.312.4173
    Bromley, Jordan Los Angeles 310.312.4134
    Chew, Benjamin G. Washington, D.C. 202.585.6511
    Cooke, George A. New York 212.790.4538
    Cooke, Michelle A. Los Angeles 310.312.4208
    Custer, Eric Los Angeles 310.312.4219
    Dickerson, Jr., Robert W. Los Angeles 310.312.4236
    El-Gamal, Yasser M. Orange County 714.338.2740
    Gatti, John M. Los Angeles 310.312.4169
    Iorlano, Diana Iketani Los Angeles 310.312.4356
    Jacobs, Robert A. Los Angeles 310.312.4360
    Katz, Ronald S. Palo Alto 650.812.1346
    Kaufman, Kenneth M. Washington, D.C. 202.585.6532
    Kelly, Brian S. Los Angeles 310.312.4175
    Kertell, Charles A. Orange County 714.338.2748
    Kim, David D. Los Angeles 310.312.4239
    LaPorte, Lawrence R. Los Angeles 310.312.4196
    Lee, Mark S. Los Angeles 310.312.4128
    Morrison, Thomas C. New York 212.790.4515
    Peluso, Kimo S. New York 212.790.4570
    Peroff, Mark I. New York 212.790.4601
    Petrossian, Emil Los Angeles 310.312.4294
    Reagan, Seth Los Angeles 310.312.4183
    Rochman, Joan Los Angeles 310.312.4311
    Rothwell, Michael Los Angeles 310.312.4241
    Samuel, Ehab Los Angeles 310.312.4243
    Saunders, Darren New York 212.790.4600
    Shah, Nirav S. New York 212.790.4511
    Shatz, Benjamin G. Los Angeles 310.312.4383
    Swartzberg, Neil Palo Alto 650.812.1353
    Wang, Shyh-Jye Orange County 714.338.2752
    Wanger, Christopher L. San Francisco 415.291.7410
    Witkow, Erin C. Los Angeles 310.312.4176
    Wollman, Shari Mulrooney Los Angeles 310.312.4309

    Intellectual Property

    Representative Clients

    • Aflac Inc.
    • AT&T Inc.
    • Blue Shield of California
    • BMG Rights management GmbH
    • ClairMail
    • DataDirect Networks Inc. (DDN)
    • D&D Technologies
    • EMI Music Publishing
    • Fuhu Inc.
    • Fandango
    • Good Technology
    • H&M
    • IMAX Corp.
    • Macrovision Inc.
    • Marc Fisher Footwear
    • NBCUniversal Inc.
    • Sony Music Entertainment
    • Sony/ATV Music Publishing
    • Ticketmaster
    • Warner Music Group
    • Warner/Chappell Music
  • Awards & Rankings

    logo/img/@altRanked Nationally for Litigation – Intellectual Property 2013-2015

    logo/img/@altRanked Nationally for Copyright Law 2011–2015