Successfully obtained with prejudice dismissal of trademark challenge to client's title of four-episode documentary about UFOs. UFO Magazine, Inc. v. Showtime Networks Inc., 2022 WL 16644914 (D. Wyo. Nov. 3, 2022).
Won summary judgment dismissal of complaint, including dismissal of claims that client's documentary infringed claimant's registered copyrighted works and their registered trademarks. Mondo et al. v. Nathan, et al, 2022 WL 4591905 (ED.N.Y. Aug. 26, 2022).
Successfully obtained with prejudice dismissal of copyright claim asserted against the motion picture “Django Unchained” following oral argument of motion to dismiss. Colvin, Jr., et al. v. Tarantino, et al., Case No. 1:15-CV-02250 (TSC) (D.D.C Complaint filed Dec. 24, 2015).
Won motion to dismiss lawsuit seeking to discontinue client’s right to continued royalties from the exploitation of classic Broadway play in all exploitations in all media. Leigh v. Vega Productions, slip op., Index No. 651188/2013 (N. Y. Sup. Ct. Sept. 20, 2013).
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. Latimore v. NBC Universal, Inc., slip op., 07 Civ. 9338 (AKH) (S.D.N.Y. Feb. 22, 2011), aff’d, Latimore v. NBC Universal Television Studio, 480 Fed.Appx. 649, 650 (2d Cir.2012).
Won dismissal of consumer fraud class action complaint contending that the marketing of the motion picture “Drive” was misleading and deceptive with respect to the nature and characteristics of the motion picture. Deming v. FilmDistrict Distribution LLC, Case No. 11-122030-CZ (March 14, 2012).
Won reversal of MPAA Title Registration Bureau arbitration award preventing use of the word “Butler” in the title of the acclaimed motion picture entitled Lee Daniels: The Butler. Warner Bros. Family Entertainment v. The Weinstein Company (decision rendered July 19, 2013).
Responded to and successfully resolved without litigation numerous claims of copyright infringement involving motion pictures and music compositions.
Won appeal of NC-17 rating accorded to acclaimed feature length film entitled “Blue Valentine,” resulting in issuance of “R” rating for film, which facilitated marketing and distribution of the picture. The Weinstein Company v. MPAA(decision rendered December 8, 2010).
Represented foreign sales agent in connection with delivery dispute concerning whether motion picture delivered by foreign sales agent to distributor for major foreign territories complied with “non-technical specifications” included in license agreement and negotiated favorable resolution prior to initiation of claims in IFTA arbitration.
Obtained judgment for full amount of client’s claim in dispute between producer and motion picture distribution company over adequacy of rights licensed by producer for exploitation in territories outside United States. Maple Pictures Corp. v. CPG, Inc., Case No. 2:10-cv-03508 AHM (RZx).
Successfully represented recording artist in copyright litigation and in litigation against artist’s ex-manager and other advisors involving artist’s claims of fraud, breach of contract, breach of fiduciary duty and accounting claims resulting in multiple reported decisions. E.g., Joel v. Weber, 602 N.Y.S.2d 383 (1st Dep’t 1993); Joel v. Weber, 569 N.Y.S.2d 955 (1st Dep’t 1991).
Won dismissal of claim that prominent fashion model tortiously interfered with contract between her husband and his ex-manager by prevailing on argument of “novel issue” that spouse is immune from claims of tortious interference with contract to which other spouse is a party. Weber v. Brinkley Joel, 581 N.Y.S.2d 579 (N.Y. Sup. Ct. 1992).
Successfully represented record company and band against right of privacy and New York Civil Rights Law §51 claim based on use of plaintiff’s photograph on album cover, music video and merchandise, including winning two appellate decisions, one that determined that the plaintiff’s domicile determined the choice of law inquiry – and, thus, that New York statute favorable to plaintiff did not apply – and another that prevented plaintiff from refiling lawsuit in a different jurisdiction in order to again assert that New York Civil Rights Law §51 applied to his claim. DuBray v. Warner Bros. Records, Ltd., 653 N.Y.S.2d 592 (1st Dep’t 1997).
Successfully handled multiple litigations for Apple Corps Ltd. involving trademark and copyright infringement of The Beatles’ intellectual property rights and unauthorized use of their name and likeness.
Represented Apple Corps Ltd. and Apple Records Inc. in lawsuit against Capitol Records Inc. and EMI Records Limited asserting substantial claims contesting royalty accountings issued in connection with the sale of Beatles recordings. Apple Records, Inc., et al. v. Capitol Records, Inc., et al., 137 A.D.2d 50 (1st Dep’t. 1988).
