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John M. Gatti

Gatti_John_New-Bio-Template-730-x-730

Partner

Entertainment Litigation
Contact
  • jgatti@manatt.com
  • Phone: 310.312.4169
  • Download vCard
  • Los Angeles
Bar Admissions
  • California
Education
  • University of Southern California, J.D., 1988
    Hale Moot Court Honor Society

    University of Southern California, B.S., magna cum laude, 1985

Services
  • Digital Media Litigation
  • Entertainment Litigation
  • Intellectual Property Protection and Enforcement
  • Litigation
  • Trademark and Copyright Litigation
Industries
  • Manatt Entertainment

Show Full Bio

  • Profile
  • Experience
  • Speaking Engagements
  • Honors & Awards
  • Memberships
  • Publications
Profile

Profile

John M. Gatti is a partner in the firm's entertainment litigation practice and resident in the Los Angeles office. His practice includes 31 years of litigation and trial experience in state, federal and bankruptcy courts as well as representing individuals and corporations in complex business and commercial lawsuits. John has trial experience across a variety of industries, with a specific emphasis in the entertainment, media and sports industries.

John’s experience in the entertainment, media, sports, Internet and gaming industries includes representation of studios, television networks, film financers, talent, gaming and sports entities, and independent entertainment production companies. These representations include actions for breach of contract; unfair competition; copyright and trademark infringement; profit participation claims; idea submission claims; and media torts, including defamation, invasion of privacy, right to publicity and use of celebrity name and likeness in all media, including the Internet.

John has been repeatedly named one of the Top 100 Influential Attorneys in Entertainment by The Hollywood Reporter and recognized as a Super Lawyer.

Experience

Experience

  • Alan Ladd, Jr. et al. v. Warner Bros. Entertainment—Represented the plaintiffs, including Alan Ladd Jr., former chairman of MGM Studios and two-time Academy Award–winning producer, during four years of litigation culminating in a four-week jury trial. The verdict was 12–0 in favor of plaintiffs in an entertainment industry precedent-setting case involving the methods of allocation of television licensing fees to films packaged with other films. The jury verdict found that plaintiffs’ films, including Blade Runner, Chariots of Fire and Police Academy, had been underallocated by Warner Bros. in the total amount of $96 million. In addition, the jury found by 12–0 vote that Warner Bros.’ licensing practices breached plaintiffs’ contract and violated the implied covenant of good faith and fair dealing pursuant to California law. This jury verdict was the first of its kind and has had significant ramifications for the entertainment industry. On May 25, 2010, in a partially published opinion, the California Court of Appeal upheld the jury verdict in a 3–0 decision. In addition, the Court of Appeal remanded Ladd’s claims of fraud, breach of contract for loss of credit and improper accounting for trial before the fact-finder. The California Supreme Court denied Warner Bros.’ petition for review.
  • BATJAC Productions, Inc. v. CBS—Defended CBS against net profit claims made by John Wayne’s heirs.
  • Brown v. CBS Studios, Inc.—Represented CBS in a copyright dispute challenging CBS’s ownership of the theme song to the iconic television show Hawaii Five-0. The plaintiffs dismissed their claims with prejudice.American Federation of Musicians of the United States and Canada (“AFM”) v. MGM; Columbia Pictures Industries—Represented MGM and Columbia Pictures in this action filed by AFM, the guild representing musicians responsible for scoring films. This case alleged that MGM and Columbia Pictures breached AFM’s 2010 collective bargaining agreement with the studios by producing the movies Carrie and Robocop in the United States but allegedly scoring the movies outside the United States. The case was significant because it had the potential to impact how all studios interpret the AFM collective bargaining agreement as it relates to production activities.
  • Twentieth Television, Inc., Twentieth Century Fox Film Corporation (collectively, “Fox”) v. Bay City Television, Inc., and Grupo Televisa (collectively, “Bay City”)—Represented Twentieth Century Fox Film Corporation as a plaintiff in connection with litigation involving nonpayment by Bay City Television and Grupo Televisa S.A.B. of over $20 million in licensing fees owed for the broadcast of King of the Hill and The Simpsons on Channel 6 in San Diego. The case involved litigating Fox’s contracts giving it sole discretion to license its programming as it determines.
  • AFM v. Columbia Pictures, et al.—Resolved a significant matter for Columbia Pictures in a federal court action filed by AFM against Columbia Pictures and most of the major studios in AFM v. Columbia Pictures, et al., Case No. 2:15 cv 03953. AFM’s claims reached into the multimillions because of the extensive licensing activities at issue.
  • Branded LLC v. Clique Media, Inc.—Represented Clique Media, Inc., against trademark infringement claims involving Clique’s use of its trademark for “mydomaine.” Clique Media is a leading Internet fashion publisher owned by Michael Eisner’s The Tornante Company. This case was significant because it addressed complex trademark rights and the ability to exploit those rights in digital media. The case involved cutting-edge digital and Internet publishing and marketing rights.
  • Haber Productions, Inc. v. Fall Line Entertainment—Represented plaintiff in a five-week jury trial for the producer on an idea submission claim, leading to a jury verdict of $5 million in favor of our client, including punitive damages.
  • Williams v. CBS—Defended CBS against copyright and trademark infringement claims. Summary judgment was granted in CBS’s favor in the published opinion Williams v. Columbia Broadcasting Systems, Inc., 57 F. Supp. 2d 961 (C.D. Cal. 1999).
  • Corrie Sanders v. Lamon Brewster, WBO—Motion to dismiss granted and injunction denied in favor of our client, allowing the client to compete for the WBO Heavyweight Boxing Championship.
  • Baker v. Twentieth Century Fox—Defended the studio and television network against idea submission claims. The case was dismissed in our client’s favor.
  • Sheldon v. Columbia Pictures Television, Tony Danza, et al.—Defended studio and television producers against idea submission claims in a four-month jury trial.
  • Sunset Health Products v. Spectrum, et al.—Represented the diet drink distributor in a federal trademark and trade dress action.
  • Representation of individuals, corporations and partnerships involved in complex business litigation.
  • Representation in matters involving trademark and trade dress protection for various products.
  • Representation of construction subcontractors in complex litigation involving the construction of metropolitan transportation lines.
  • Representation of high-net-worth individuals and corporate clients in employment litigation, including trade secrets and right to compete.
  • Representation of film and television companies in entertainment guild arbitrations.
Speaking Engagements

Speaking Engagements

Speaker, “The Cases that ‘Rocked’ the Entertainment World in 2018!” Beverly Hills Bar Association, 2018 Entertainment Year in Review, January 17, 2019.

Moderator, "Creating New Strategy for Massive IP," VRS Conference, October 16, 2018.

Panelist, “Recent Digital Media Trends and Their Impact on the Entertainment Industry,” ACC’s Sports and Entertainment, June 22, 2016.

Guest Lecturer, "Privacy Torts, the Internet and First Amendment Issues," Loyola Law School.

Guest Lecturer, "Privacy Torts, the Internet and First Amendment Issues," University of Illinois Law School.

Guest Lecturer, "Current Legal Trends in the Entertainment Industry," Southwestern University Law School.

Honors & Awards

Honors & Awards

Named as one of the top-ranked attorneys in Media & Entertainment: Litigation, Chambers USA, 2020

The Hollywood Reporter, National Top 100 Influential Attorneys in Entertainment, 2007–2020

Super Lawyer, 2009–2019

Named as one of The Best Lawyers in America, 2018–2021

Memberships

Memberships

Admitted to practice in California

Advisory Board Member, University of Southern California Entertainment Institute

Past Advisory Board Member, The Association of Media & Entertainment Counsel (AMEC)

Board Member, Junior Achievement of Southern California

Member, Board of Directors, Inner City Law Center

Member, Los Angeles County Bar Association

Member, Association of Business and Trial Lawyers

Member, Legal Committee, Lakeside Golf Club

Publications

Publications

Quoted, “Nicki Minaj-Tracy Chapman copyright battle sets stage for future of music recording,” Marketplace Morning Report, September 14, 2020.

Quoted, “Insiders share how the NFL draft and other live events are adapting to remote production, as the industry scrambles to create compelling virtual experiences for fans,” Business Insider, April 23, 2020.

Author, "Legal Ramifications of AR and VR—Déjà vu All Over Again," AR/VR Magazine, May 31, 2018.

Coauthor, “Sizing up 2014's copyright cases,” Daily Journal, December 31, 2014.

Coauthor, “After 20 Years, Has Transformative Use Lost Its Edge?,” Daily Journal, November 5, 2014.

Coauthor, "Second Circuit Deals Blow to Rights of Broadcasters Under the Copyright Act," Intellectual Property Technology Law Journal, July 2013.

Coauthor, "Governor Schwarzenegger Signs New Anti-Paparazzi Legislation," Privacy & Data Security Law Journal, January 2010.

Author, "Cybersquatting," Producers Guild of America Publication, 2007.

 

John in the News

  • 01.15.21

    Manatt Secures Judgment for Tracy Chapman in Copyright Infringement ...

    A Manatt team led by entertainment litigation partner John Gatti successfully secured a $450,000 judgment on behalf of iconic songwriter and ...

  • 08.20.20

    Best Lawyers in America Names 76 Manatt Attorneys to 2021 List

    Seventy-six Manatt attorneys have been named to the 2021 edition of the Best Lawyers in America report, which recognizes the nation’s leading...

  • 08.11.20

    Thirty-Nine Manatt Professionals Recognized by Super Lawyers in ...

    Thirty-nine of Manatt’s professionals were named to this year’s Super Lawyers list in the organization’s Northern California and ...

  • 04.23.20

    Manatt Receives Top Band Rankings in Chambers USA 2020

    Manatt has once again been ranked among the nation’s leading law firms in Chambers’ 2020 USA Guide.

Show More

John's Articles

  • 05.31.18

    Legal Ramifications of AR and VR—Déjà Vu All Over Again

    New developments in Virtual Reality (VR) and Augmented Reality (AR) are as innovative as they are exciting. The technology is getting better by the ...



  • 08.18.17

    Instagram This: Fair Use and Social Media

    Federal district courts wrestle every day with applying the fair use doctrine in copyright infringement cases. The doctrine presents a classic ...



  • 12.31.14

    Sizing Up 2014's Copyright Cases

    The copyright world was abuzz for much of 2014, as several significant court decisions with potentially far-reaching ramifications were handed down ...



  • 11.05.14

    Fair Use Decision Causes a Stir

    Of the myriad rules, principles and standards that compose our legal system, only one doctrine can lay claim to the distinction of having been ...



John's Newsletters

  • 06.01.17

    Ninth Circuit: Website Moderators May Be Agents of ISPs

    On April 7, 2017, the Ninth Circuit revived a copyright infringement case filed by a paparazzi group against social media platform LiveJournal that ...

  • 06.06.16

    Defend Trade Secrets Act of 2016: An Overview

    The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for ...

  • 02.08.16

    Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard ...

    On January 15, 2016, the U.S. Supreme Court granted certiorari in the case of Supap Kirtsaeng DBA Bluechristine99 v. John Wiley & Sons, Inc., ...

  • 10.22.15

    Ninth Circuit Rules That "Fair Use" Must First Be Considered Before ...

    On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal Music Corp. that, prior to sending a takedown notice under the Digital ...

Show More


John's Events and Webinars

  • 06.09.20

    No Breach, No Problem: Protecting Against Nonperformance in ...

    The COVID-19 pandemic presents unique challenges to those who negotiate and draft agreements in entertainment, media and sports. If we’ve ...



  • 06.22.16

    ACC’s Sports and Entertainment Conference

    Manatt is pleased to sponsor ACC’s Sports and Entertainment Conference at the USC Institute for Creative Technologies in Playa Vista, CA, on ...

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