Litigation

Most legal disputes stem from the same issues people have – poor communication, false expectations, and broken promises. In personal relationships, such problems can lead to heartache. In business, they often lead to litigation.

Litigation can be costly and time-consuming, so we try to resolve disputes whenever possible. Founding partner Steven Weinberg, a skilled litigator, mediator and arbitrator, settles 90+ percent of his cases out of court. Should a case proceed to trial, our impressive track record proves we know how to win.

We have more than 30 years experience handling disputes involving trademarks, trade dress, copyrights, unfair competition, entertainment, false advertising, publishing, trade secrets, personality rights, privacy, Internet domain names, publicity, software technology, and business. Some representative cases handled by our litigators:

• Obtained sweeping preliminary injunction preventing use of clients’ trade secrets by former employees who had joined a competitor, and then won motions for contempt of the injunction and to dismiss all 12 counterclaims.
• Won many domain name infringement arbitrations for celebrities (such as Mick Jagger, Sheryl Crow, Pamela Anderson, Hulk Hogan, and Michelle Phillips), and for major companies (such as Citigroup, E. & J. Gallo Winery, Anheuser-Busch, and Kraft Foods).
• Enforcement of intellectual property rights, including litigation and Trademark Office administrative proceedings for celebrities and major companies, including FremantleMedia (producers of American Idol and America’s Got Talent), E. & J. Gallo Winery, Citigroup, and Masterfile Corporation.
• Successfully represented a celebrity photographer in a breach of contract dispute with his former syndication agency.
• Co-represented a children’s educational content company in trademark infringement litigation against a major toy company that resulted in desired settlement through mediation.
• Successfully represented partner in a television production company in a breach of contract and seeking damages and judicial dissolution of the partnership; the matter was resolved through a favorable out of court settlement that included dissolution of the partnership.
• Representing Brown-Forman in a trade dress and trademark infringement action against a larger wines & spirits competitor. When, after a bench trial, the judge indicated her judgment would include a national recall of the infringing product, a finding of willful infringement, and enhanced damages, the case promptly settled with very favorable terms to our client.
• Won a preliminary injunction and a partial summary judgment against the former distributors of a dietary supplement company involving claims of copyright infringement, trade secret misappropriation, and intentional interference with contractual relations. After additional litigation and mediation, the case settled favorably.
• Represented an internet company in a lawsuit it filed against a judgment creditor and successfully recovered several million dollars that had been fraudulently transferred out of the country through a series of complex transactions.
• Successfully represented established band in a trademark infringement action against new band with similar name and its major music label, resulting in a settlement in which new bad changed its name.
• Represented a video game developer in an action against a major video game publisher alleging breach of contract and fraud; the matter was resolved through a favorable out of court settlement.
• In an action brought by client manufacturing company against former officers of the company alleging claims for breach of fiduciary duty and fraud based on the officers' systematic self-dealing and looting of the company, the dispute was resolved through a favorable out of court settlement.
• Represented Endless Pools in a false advertising and trademark infringement case against a competitor in federal court. The case was favorably settled following mediation.