intellectual property

 

 

Practice Oveview

Since its inception our firm has been retained by clients to protect their intellectual property rights.  Our intellectual property practice involves both litigation and counseling in almost every aspect of intellectual property law.  We have defended and prosecuted trade secret actions in state and federal court and before arbitration tribunals.  We have represented photographers in analyzing and in some cases pursuing copyright infringement claims for photographs taken of Johnny Cash, Willie Nelson, John Lennon, the Beatles, the Rolling Stones and Paris Hilton.  We regularly advise political candidates and political committees on intellectual property issues that arise in the context of political advertising, including avoiding potential defamation claims.  We have brought and defended actions for trademark and trade dress infringement under both state and federal law.  We have negotiated book contracts with large publishing houses and represented artists in claims brought under the Visual Artists’ Rights Act as well.   

         

Intellectual Property Representative Matters
  • Yeager v. AT&T, defending cellular company in trademark infringement and right of publicity action brought by General Chuck Yeager as a result of use of General Yeager’s name in company press release.
  • Jim Marshall and Johnny Cash v. Urban Outfitters, represented rock n’roll photographer, Jim Marshall and singer Johnny Cash in copyright infringement and right to publicity action brought against national retailer for unauthorized use of famous photograph taken during concert at San Quentin Prison.  Action was settled.
  • GlobalStreams, Inc. v. Serious Magic, Inc., successfully defended several entrepreneurs and their start-up company against claims of trade-secret misappropriation made in connection with their development of a software program that enabled users to create and process video-graphics using only their personal computers and a video camera. 
  • Sean Moorman v. Spencer Gifts, representing professional photographer in case arising from the unauthorized use of his copyrighted photograph of Willie Nelson.
  • David Taussig & Associates v. Goodwin, represented closely-held corporation in litigation against three former employees who resigned and took copies of trade secret information to create a competing enterprise.
  • Taylor v. Hilton Hotels, Inc., representing nationally recognized artist in action under Visual Artists Rights Act arising from destruction of mural in San Francisco Hilton. Action was settled.
  • Proven Methods Seminars v. American Grants and Affordable Housing Institute, defending start up company in action alleging copyright and trademark infringement as well as trade secret misappropriation. 
  • FunCat Leisure Craft v. Johnson Outdoors Inc., representing plaintiff in misappropriation of  trade secrets, trade dress infringement and unfair competition claim against national outdoor recreation company. 
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Primary Contact:

Andrew W. Stroud

stroud@mgslaw.com

Tel: (916) 551-2590

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