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Manatt has powerful national litigation capabilities in the trademark, copyright and trade secret areas. We have litigated many novel legal claims involving software, databases, e-commerce, digitized media and financial business processes and achieved a number of precedent-setting victories that have earned our lawyers accolades from publications ranging from IP Law & Business to The Wall Street Journal. Major players in media, entertainment and sports; information and communication technologies; banking and financial services; consumer goods and services; and retail rely on us to enforce and defend their brands and content.
TrademarkIn the trademark area, which includes protection of trade names, domain names and associated logos, and trade dress, as well as the closely connected right of publicity, our attorneys have not hesitated to use the full scope of enforcement tools available under federal and state laws and international treaties to battle infringement and dilution, counterfeiting, false advertising, false claims of endorsement or origin, trade libel and disparagement, cybersquatting and other forms of unfair competition.
As a result of our leading Entertainment and Media Litigation practice, we are all too familiar with the challenges brought about by the digital economy, having litigated many complex and cutting-edge cases for clients with hard-earned, albeit intangible, assets to protect. Dilution, gray marketing, ambush marketing, deep linking, framing, Internet traffic diversion, spamming and the improper use of metatags are among the host of issues we have been asked to address on a regular basis.
Our vast experience in infringement and unfair competition cases has exposed us to virtually every type of proceeding, including:
Whether prosecuting or defending such cases, we litigate aggressively, with the goal of achieving a fast and fair resolution, ideally one with a business component that makes allies of our adversaries. While we recognize that brands are among a company’s most important assets—and our transactional IP counsel regularly assist clients in building their brands into enduring franchises and extending them into new markets—we also recognize that equally important is the role played by our litigators in preserving the value created nationally and globally by enforcing and defending a client’s family of trademarks, including hard-to-protect trademarks, such as those challenged as being “descriptive.”
CopyrightIn the copyright area, we regularly litigate content ownership and work-for-hire disputes by bringing infringement suits in courts throughout the country. We defend copyrights in literary works, web content, movies, dances, musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts, architectural works, and graphic and industrial designs. We also defend such suits by demonstrating lack of substantial similarity, fair use and fair dealing, license or permission to use the copyrighted work, first sale/exhaustion of rights and other defenses. In addition, we have successfully sued website hosts under the Digital Millennium Copyright Act for posting infringing material.
We have sought and obtained injunctions preventing the continued use of copyrighted material by an infringer, monetary compensation (in the form of damages or profits gained by the infringer) and attorneys’ fees and litigation expenses.
We are widely known in the area of antipiracy litigation, having obtained numerous prejudgment seizure orders against pirates of computer software, high-technology products, luxury goods and celebrity merchandise. Our lawyers were among the first to obtain domestic and international seizure orders for pirated materials on computer bulletin boards, orders freezing the assets of pirates and “John Doe” seizure orders on behalf of internationally prominent music artists during their world tours.
Trade SecretOur lawyers prosecute and defend trade secret misappropriation claims in state and federal courts nationwide. Our successes include obtaining or defeating preliminary injunctive relief, the stage at which much trade secret litigation is resolved.
Entertainment & MediaIP is the entertainment and media industries’ bread-and-butter, and our knowledge of the IP laws applicable to television, radio, motion pictures, music, digital entertainment, art and advertising is one of the reasons Manatt has become a go-to firm for many of these industries’ major players. From
high-profile disputes alleging copyright infringement or breach of right of publicity to trademark infringement and dilution suits, false advertising consumer class actions or Digital Millennium Copyright Act claims, our clients are confident in our abilities because they know that chances are we’ve already handled a case like theirs.
We provide a full range of litigation and dispute resolution services to the following core sectors of the entertainment and media industry:
Not-for-ProfitsAlmost all not-for-profit organizations own trademarks, logos, domain names, trade names and copyrights in written materials. We have helped many such organizations protect these assets, particularly in the Internet/e-commerce context. Our lawyers have successfully litigated claims involving database infringement, computer trespass, inevitable disclosure, linking, framing, metatagging, spoofing and spamming. We have handled domain name and cybersquatting disputes, domestically and internationally, and brought and defended, in courts around the nation, complex copyright, trademark, database, patent and antitrust suits, as well as technology rights disputes arising from license agreements and contracts with Internet service providers, content and equipment providers, security firms and others.
Also for The Scott's Miracle-Gro Co. we:
Music & Entertainment
Ranked Nationally for Copyright Law 2011–2016
Ranked Nationally for Litigation – Intellectual Property 2013-2016
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