Intellectual Property

Copyrights

We register, protect, license and enforce copyrights domestically and internationally.

For Rothschild attorneys are well-versed in fair use, first-sale and exhaustion, ownership, transfer, shop rights and works-for-hire, as well as the many considerations under the Digital Millennium Copyright Act (DMCA). We also routinely and continually monitor legislation that can impact copyrights and their usage.

Our national Entertainment Law practice represents TV and motion picture production companies, individual writers, recording artists and other entertainment industry businesses in registering, policing and protecting copyrights and negotiating the sale and licensing of copyrighted material. 

Representative Matters

  • Successfully handled multiple litigations for Apple Corps Ltd. involving copyright and trademark infringement of The Beatles’ intellectual property rights and the unauthorized use of their name and likeness.
  • Won summary judgment dismissal of copyright claim asserted against NBC Universal and Reveille LLC in which plaintiff contended that popular television show “The Biggest Loser” infringed on her copyrighted treatment.
  • Defended McGraw-Hill Education against a selected set of copyright claims brought by a stock photography agency. Court denied plaintiff’s claims for statutory damages on nearly a dozen photographs, and jury reduced the plaintiff’s request for profits on remaining photographs.
  • Prosecuted copyright and trademark claims on behalf of a leading educational publisher against a Spanish and Arabic localization company and won summary judgment motion and an award in excess of $2.3 million, plus attorney's fees.
  • Served as lead trial counsel to two former Marines in a trial before the U.S. District Court in the Southern District of New York in defense of allegations of unfair competition, trademark and trade dress infringement, theft of trade secrets and copyright infringement. Obtained dismissal of 11 of 12 counts and an order finding that adversaries violated the Stored Communications Act arising out of computer hacking.
  • Represented a cable network in breach of copyright matter brought by competing producer regarding a television special on African-American military regiment.
  • Successfully assisted in the defense of Kay Berry, Inc. involving copyright infringement and federal Lanham Act violations, resulting in a dismissal of all claims.
  • Represented a client in the fashion industry in a breach of copyright case involving design patterns.
  • Successfully defended an application service provider against a licensee for claims of copyright infringement involving software source code
  • Represent broadcasters in numerous disputed claims of copyright infringement and invasion of privacy.
  • Represented a Canadian broadcaster against several copyright claims brought by a producer.
  • Represented a client in the fashion industry in a copyright infringement case involving fabric designs.
  • On behalf of a client who is a major fashion retailer, successfully achieved a quick dismissal of all claims in several copyright infringement suits.
  • Won an order to vacate a Temporary Restraining Order in blue jeans pocket copyright infringement filed in California state court action and transferred case to federal court, then obtained a default judgment on copyright misuse and attorney's fees. L.A. Idol Fashion, Inc. v. Botin Jeanswear Trading, Inc. (Central District of California, 2014).