Copyright Litigation

Knobbe Martens advises on all aspects of copyright and design patent litigation and dispute resolution. Our experience spans a broad array of industries, including computer software, video games, fashion, marketing, toys, packaging, medical devices and entertainment, among others. We routinely provide strategic advice on enforcing client copyrights and design patents, as well as develop strategies to avoid and defend infringement claims.

When enforcing or defending infringement claims, our litigators focus on effective and creative approaches to problem solving and litigation tactics that achieve our clients’ objectives. Our experience ranges from initial cease and desist letters to enforcing or defending copyright and design patent claims. Our firm delivers extensive skill in the area of prior art searches to invalidate design patents. Where appropriate, we position cases for settlement and guide clients through mediation or in bringing cases to successful resolution in court, as well as assist in obtaining reimbursement for legal fees and insurance contribution to defense fees and settlement funds.

Successes

mophie Inc. v. Dharmesh Shah et al.

Obtained a jury verdict and a final judgment including a permanent injunction and damages of $4.5 million against Serve Global d/b/a SourceVista.com and Dharmesh Shah. At trial, mophie asserted copyright, trade dress and trademark infringement arising from the sale of counterfeit battery cases. The jury awarded damages for copyright infringement of mophie's packaging and user manual and infringement of mophie's juice pack plus® trademark. The jury also found that mophie's juice pack® and juice pack pro® trademarks, as well as trade dress, in its packaging were infringed, while additionally finding for mophie on its claim of unfair competition.

Kabushiki Kaisha MegaHouse v. Anjar Co. LLC

Successfully represented MegaHouse Corp., a Japanese toy company and subsidiary of Bandai Co., Ltd., in trademark and copyright litigation regarding the famous game Othello®. As a result, MegaHouse is now the undisputed owner and licensor of the Othello® trademark and related intellectual property. MegaHouse and its predecessors had been involved in disputes regarding the intellectual property rights in Othello® for more than a decade. The firm filed a federal lawsuit in the Central District of California and defeated the defendants’ motion to dismiss. The litigation was eventually resolved through settlement, and MegaHouse was very pleased with the resolution. The firm’s efforts helped to clarify the rights and obligations of Othello® licensees and distributors throughout the world and bring certainty to Othello® enthusiasts in time for the 2015 World Othello Championship in Cambridge, U.K.

Hansen Beverage Company/Monster Energy Company

Represented Hansen in numerous cases in California and other states enforcing the client’s copyrights, trademarks and trade dress rights in the M Claw icon against infringing uses on clothing and other merchandise.

Partners in Leadership, Inc. v. Questmark, LLC, et al.

Obtained a consent injunction in a copyright infringement suit involving leadership consulting training materials.

Deckers Outdoor Corporation vs. Bon-Ton Stores, Inc.

Represented defendant Bon-Ton Stores, Inc. in design patent infringement litigation involving boot designs. Obtained transfer of the litigation to our client's preferred venue and ultimately a favorable settlement for the client.

Deckers Outdoor Corporation vs. Aldo U.S. Inc., et al.

Represented defendants Bon-Ton Stores, Inc. and Alloy Media, LLC in design patent infringement litigation involving boot designs. The case settled favorably for our client.

American Medical Association v. Practice Management Information Corporation

Successfully represented the defendant, a distributor of medical books, by obtaining a judgment that the copyright owner had engaged in copyright misuse, rendering the copyright unenforceable until the misuse could be purged. This decision marked the first time the Court of Appeals for the Ninth Circuit recognized the existence of the defense of copyright misuse.

Robert, Jr., Inc. v. Run Athletics International, LLC

Represented the defendant in design patent infringement litigation involving a shoe design. The case settled favorably for our client.

Oakley, Inc. v. Talitor Far East Company Ltd, et al.

On behalf of Oakley, we obtained numerous consent judgments preventing the defendants from infringing Oakley’s design patents to sunglasses containing electronic components.

Robert Hidey Architects, Inc. v. Richard John Cardoza and Ritner Group, Inc.

Represented the defendant in a copyright infringement case involving architectural drawings. The case resolved through mediated settlement.

Modtech, Inc. v. Designed Factilities Construction, Inc.

Represented the plaintiff in obtaining a preliminary injunction enforcing copyrights in architectural drawings. We also obtained a contempt order following the defendant’s violation of the injunction.

Amirsys, Inc. v. Structurad, LLC, et al.

Represented the plaintiff in a lawsuit claiming copyright infringement and violations of Digital Millenium Copyright Act involving a subscription website relating to radiology content. We obtained favorable settlement for our client.

Beam System, Inc. v. Checkpoint Systems, Inc., et al.

Represented one of the defendants in obtaining a dismissal of copyright infringement claims involving building security software. The case was dismissed based on the plaintiff’s violation of the protective order confidentiality terms.

Parallax Group International, LLC v. BJ's Wholesale Club, Inc. and Venture Products, LLC

Represented the defendant in design patent infringement litigation involving children's playmats. The case settled favorably for our client.

Express, LLC v. Fetish Group, Inc.

Obtained summary judgment of a copyright infringement of the defendant’s lace and embroidery design on clothing. We also obtained summary judgment dismissing the plaintiff’s fraud and unfair competition claims.

Mattel, Inc. v. Simba Toys GmbH & Co. KG, et al.

Represented the defendant in a copyright and trade dress infringement suit involving dolls and resulting in a mediated settlement.

Pacific Sunwear of California, Inc. v. YM, Inc.

Represented the defendant in a copyright infringement suit involving clothing, resulting in settlement.

Kyjen, Inc. v. Vo-Toys, Inc.

Represented the plaintiff, a manufacturer and distributor of stuffed animal toys, in obtaining summary judgment of copyright infringement and validity, as well as trademark infringement and validity.

Asia Entertainment Inc. v. Nguyen

Obtained summary judgment of copyright infringement in favor of the plaintiff involving music and sound recording copyrights. After a subsequent trial, we obtained an award of attorneys’ fees in favor of our client, Asia Entertainment.

Knobbe Martens is pleased to report that 14 partners appear in the 2020 edition of The Best Lawyers in America® . Inclusion is determined entirely through peer review evaluations from other leading...
Partner Ian Gillies was quoted in "Jury: Katy Perry’s ‘Dark Horse’ Copied Christian Rap Song (3)," an article published by Bloomberg Law . Excerpt: Katy Perry’s 2013 hit “Dark Horse” infringed a...
Partner Lynda Zadra-Symes and Associate Brian Reece co-authored "Supreme Court Case Highlights the Importance of Applying for Copyright Registration as Soon as Possible" which was published in...