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Copyright Counseling & Litigation

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As technologies redefine the boundaries of copyright law, Pillsbury IP lawyers are helping clients protect, enforce and enhance the value of their marks and creative materials, and optimize their market position.

Pillsbury’s Copyright practice advises owners, developers, contributors, prospective acquirers and others working with copyright-protected works of all kinds. Our IP lawyers provide guidance on preparing and publishing original and derivative literary and other works, and copyright protection for traditional and nontraditional works as diverse as ornamental, industrial and graphic designs, performances, visual art, logos, and computer applications, software and games. We devise strategic plans to help clients effectively manage and protect copyright assets and entire IP portfolios. Pillsbury has an impressive history of successfully representing rights owners and accused copyright infringers in disputes and litigation. We collaborate with clients to align business and litigation goals to effectively and efficiently resolve disputes. We often settle disputes before full-blown litigation. When litigation is inevitable, we strategically advance our client’s interests at every stage, using our knowledge, experience and preparation to press toward an early positive resolution.

Our lawyers have extensive experience in structuring and negotiating transactions involving copyrighted works, licenses, assignments and other rights transfers. We regularly handle copyright clearances and prosecution, and conduct due diligence investigations in the context of business mergers, acquisitions, spinoffs and sales. As thought leaders in the social media, interactive media and internet space, we offer insights on risks and opportunities of new platforms, new media, and new communication methods, and count among our clients virtual world service providers, social networking websites, music and new media companies, and financial institutions.

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Pillsbury IP lawyers advise clients in a wide range of industries, including film and television production; book and media publishing; software and technology, wine and spirits; e-discovery and data management; beauty and cosmetics; advertising; automotive, and a host of other industries regarding:

  • Clearances
  • Copyright Infringement Defense
  • Copyright Enforcement
  • Counseling and Strategic Planning
  • Creating Special Purpose Entities to Produce TV or Film, and drafting and negotiating all related agreements
  • Digital Millennium Copyright Act and Other Copyright Laws
  • Due Diligence
  • Global Policing and Enforcement
  • Prosecution
  • Transactions Involving Copyrights, Licensing, Assignments and Transfers

Representative Experience

  • Represented a toy company in defense of copyright infringement and implied contract claims involving an animated children’s television show.
  • Represented Reelin’ in the Years Productions in connection with its acquisition of all rights in the popular European music show Countdown and also in its handling of the archives of The Merv Griffin Show.
  • Defended a federal contractor in a copyright infringement case involving source code, prevailing at the trial court and the appeals court, and obtaining an award of legal fees against the plaintiff.

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  • Advisory
    • Advised a multinational bank in all IP matters worldwide, including copyright, patent, trademark, licensing, IP diligence, IP agreements, monetization, domain names; handles patent and trademark litigation and opposition matters.
    • Represented sports leagues and professional sports teams.
    • Represented virtual worlds service providers and social networking websites.
    • Advised creators of fictional content on the copyrightability of characters and other copyright issues.
    • Advised financial service companies on copyright issues on research reports, client portals, work product of all kinds, artwork and use of third-party data.
    • Advised educational institutions concerning copyright issues, including with respect to faculty and student output.
    • Advised corporations on the use of music, images and other works in advertising and on corporate identity.
    • Advised academic partnerships as well as clients in the restaurant and hospitality industries in the creation of books and other printed and online material.
  • Film
    • Advised on copyright and contract issues for the documentary film Burt’s Buzz.
    • Advised on copyright issues for the documentary film Batkid Begins and related contracts and clearances.
    • Advised on copyright issues for the documentary Unexpected Justice and handled related contracts.
    • Represented filmmaker Village Beat on copyright issues for the Tough Bond documentary film and protected the copyrights; handled related agreements.
  • Transactional
    • Represented numerous service providers and investors in copyright issues arising in mergers, acquisitions and financings.
  • Dispute Resolution
    • Provided copyright infringement defense for Evolation Yoga, convincing the 9th Circuit that famous yogi Bikram Choudhury’s described sequence of poses and breathing exercises were not eligible for copyright protection.
    • Represented a media company in an indemnity matter arising out of a lawsuit alleging copyright infringement and unfair competition in connection with online radio stations.
    • Defended a media company in litigation alleging copyright infringement regarding use of plaintiff’s photos on its website. Favorably settled, with our client retaining free perpetual license to use the photographs.
    • Represented HealthNet in copyright and breach of contract lawsuit alleged over the installation of certain advanced software programs. Achieved very favorable settlement on eve of trial.
    • Defended a copyright and right of publicity lawsuit relating to the use of an artist’s image on in-store marketing displays for a national clothing store chain.
    • Represented the San Diego County Apartment Association in a copyright dispute with the California Apartment Association over the copyrightability of apartment rental forms. Successfully opposed a temporary restraining order.
    • Handled plagiarism matter for the American Thoracic Society, getting infringing medical journal article authors to agree to cease publishing and distributing the article and getting publishing company to print retraction.
    • Represented a licensor in pursuing claim of copyright ownership under work-for-hire doctrine and defending claim for copyright infringement.
  • Licensing
    • Assisted music and film industry clients with copyright issues in connection with acquisition of archival content, both audio and audiovisual; rights deals; and both inbound and outbound distribution licenses.
    • Handled copyright licensing due diligence and enforcement issues pertaining to licenses and related right of publicity issues.
    • Represented one of the digital satellite radio companies regarding its music licensing needs.
    • Negotiated a statutory license for use of digital music on the internet for a group of commercial webcasters.
    • Drafted a series of license and assignment forms for the Public Company Accounting Oversight Board to use with speakers, authors, photographers and other originators of works for the organization.
  • Publishing
    • Advised on issues arising out of the Digital Millennium Copyright Act, as well as issues pertaining to the convergence of copyright law and First Amendment law, generally arising out of fair use claims.
    • Advised on copyright issues and copyright-related transactions in connection with printed and digital books and magazines, online publications, social media content and mobile apps.
    • Represented content publishers in connection with claims of rights by third parties.
    • Represented the San Diego Museum of Natural History on copyrights and related issues for a book containing images of botanic art, and prepared related contracts.
    • Represented the Angel Island Conservancy on copyright and related issues for the book Kai’s Journey to Gold Mountain and related publishing contract.
    • Advised the Golden Gate National Parks Association on copyright issues related to book publishing, graphics, merchandise creation, and handled related agreements.
    • Represented Filoli on copyrights for creating and publishing a Florilegium of the Filoli gardens.
  • Health Care
    • Provided copyright advice and handled application and registration for health care-related software companies.
    • Provided copyright advice to a medical research and development company.
  • Pro Bono
    • Represented a nonprofit educational agency in defense of a lawsuit asserting copyright infringement based upon alleged use going beyond scope of license, achieving an advantageous settlement resulting in the assignment of the copyrighted software and works at issue.
    • Assisted the San Francisco Ballet and other performing rights organizations with copyright clearances and licensing of copyrighted works.
    • Represented the Bread & Roses Benefit Agency in stopping unauthorized use of recordings from benefit concerts.
    • Assisted Climate One with copyright issues and strategies, as well as related agreements.
    • Represented the San Diego Youth Services on copyright issues and related contracts.
    • Advised the San Francisco Parks Trust on copyright issues and strategies.
    • Represented the Del Sol String Quartet with copyright issues, related clearance and related agreements.
    • Advised Defenders of Wildlife on copyright issues.
    • Represented the National Writing Project on copyright issues and strategies.
    • Represented the New York Bar Board of Examiners on copyright issues.

Practice Area Highlights

  • Ranked in Chambers USAfor Intellectual Property in Northern Virginia (2011 – 2023) and Texas (2022 – 2023).
  • Recognized nationally for IP Litigation, Patent Litigation, Patent Law, Trademark Law by U.S. News – Best Lawyers (2024).
  • Ranked in California as one of the top trademark practices by World Trademark Review’s “WTR 1000,” with six lawyers named individually, including one lawyer receiving a national ranking for trademark prosecution (2024).

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  • Ranked nationally for patent prosecution and trademark prosecution by Managing Intellectual Property magazine,  in addition to regional recognitions in California and Virginia, with four Pillsbury lawyers recognized as “IP Stars” (2023).

Resources

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