The attorneys affiliated with the Copyright Law Center are experienced in handling a wide range of intellectual property matters. We bring deep experience in analyzing and resolving unique situations involving the internet, entertainment and software industry.
Here are some recent cases our attorneys have handled:
In A Slice of Pie Productions, LLC v. The Wayans Brothers, Sony Pictures Entertainment, Revolution Studios, et. al., 304 CV 1034 JBA (Conn. Fed. Dist. Ct.), we are currently representing a film production company based in Connecticut in a suit in which our client alleges that it created the original screenplay for the film which eventually became known as White Chicks. Our clients have alleged that they originally sent a copy of the screenplay for their prospective film to be known as Johhny Bronx to the attention of the Wayans Brothers and their agents and that following the provision of the screenplay, the Wayans produced a film based entirely upon their script. The Complaint alleges and seeks damages for copyright infringement, breach of contract and misappropriation of ideas. The matter is currently in the initial discovery phase of litigation in a Federal District Court in Connecticut. The Defendants have sought to remove the Action to California. The parties are currently awaiting a date for a Court hearing on the removal issue. Wayans brothers sued over screenplay. The lawsuit alleges that the "White Chicks," movie is substantially similar to a screenplay submitted to Wayans Brothers Entertainment agent. Read more >>
In Jervis & Associates v. Superseal Manufacturing Company, Inc., 03-11322 DPW (Mass. Fed. Dist. Ct.), we represented the Plaintiff, a door and window industry expert and distributor who authored a registered work concerning the installation process of certain industry products. On behalf of our client, we alleged that the Defendant, a New Jersey-based corporation, had engaged in multiple infringements of the work by posting separate sections of the work at different URLs at its corporate web site. We also sought damages for contributory infringement alleging that by third party posting of links to the Defendant's web site, said parties had contributed to the infringement of our client's copyrighted work. On that basis, we argued that our client was entitled to millions of dollars in statutory damages for multiple infringements of the same registered work claiming that each section of the work had independent economic value as evidenced by the location and context of the postings. Prior to a trial date, the matter was settled pursuant to confidential terms.
In Funtasia.net, et. al., v. HSF-Finds.com, 02-11770 EFH (Mass. Fed. Dist. Ct.), we received a permanent injunction against a California-based company allegedly engaged in copyright infringement and misappropriation of trade secrets obtained by copying the content, graphics and codes of our client's Web Sites, companies based in Massachusetts, Florida and the Midwest. While the company denied that it could be sued in a Massachusetts Federal District Court, we argued that the company was subject to jurisdiction in Massachusetts due to its search engine placement and web-based operations nationwide. We were also capable of permanently restraining the Web Site infringer from engaging in any similar business for a period of five years. We were then able to negotiate confidential terms of settlement.
In ADM, Inc. ("Advanced Decision Management") v. FMR Corporation ("Fidelity Investments") 02-11808 NG (Mass. Fed. Dist. Ct.), we represented a small software corporation in a case involving allegations of copyright infringement and misappropriation of trade secrets. On behalf of our client, we sought millions of dollars in statutory damages alleging multiple infringements of software copyright claiming that every time the software was used, an unauthorized copy of the software program was downloaded to the hard drive of each computer workstation. Prior to the establishment of a trial date, the matter was settled pursuant to confidential terms.
In EMC Corporation v. TechTime, Inc., et. al., 03-2899 (Massachusetts Middlesex Superior Ct.), we represented the Defendants, former employees of EMC in a suit in which EMC had alleged that the Defendants violated their Employment agreement with EMC, engaged in fraud and the theft of proprietary technology from EMC and wrongfully converted the technology and property of the company in forming a new and allegedly competing company. In response to the suit, on behalf of our clients, we counter-sued alleging that the Company's suit constitutes defamatory behavior, anti-competitive activity, a violation of our client's Fourth Amendment constitutional rights and a violation of Massachusetts General Laws c. 93A, the Consumer and Business Practices Act in Massachusetts. We had filed a Motion for Summary Judgment alleging that discovery should be stayed, that the Plaintiff had failed to provide sufficient information to substantiate the suit and that the case should be dismissed. Following some rulings in our clients' favor during certain other discovery disputes, the matter was settled pursuant to confidential terms.
In MMA.tv v. Cimins, et. al. CA No: 03-10773-RGS (Mass. Fed. Dist. Court) we recently successfully prosecuted and obtained a Restraining Order against a New Jersey- based company who allegedly hacked into the Web Site of our client and stole all the client database lists and information developed by the company. Pursuant to our client's allegations, the Web Site hacker was engaged in direct competition with our client and sought to trade off the goodwill, information and Intellectual Property developed by our client. We are currently in the process of seeking damages for misappropriation of trade secrets and copyright infringement against the alleged hacker.
In Sawicki v. Vin Di Bona Productions (a/k/a "America's Funniest Home Videos"), the Walt Disney Company and the ABC Television Network, et. al., CA No: 02-04686------- (Massachusetts Suffolk Superior Ct.), we represented an individual who had been featured in a video shown nationally on the television show known as America's Funniest Home Videos. On behalf of our client, we sought an injunction against the parties and damages for the misappropriation and use of his image, for the invasion of his privacy, defamation and infliction of emotional distress. In response to the filing of the injunction papers, the Defendants agreed to cease any further use or display of the image. Shortly thereafter, the suit was settled pursuant to confidential terms.
An international online distributor of eyewear who was threatened with suit for intentional interference with contractual relations and trademark infringement. Our Attorneys counter-sued for copyright and trademark infringement and unfair competition. The opposing company settled the matter and dropped the suit.
A partnership dispute at a Web Development company in which our client was wrongfully terminated from the company and accused of theft of funds. Our attorneys counter-sued for all the Intellectual Property rights to the company as well bad faith and breach of the duty of loyalty to the company. The suit against the client was dropped and a settlement was obtained remaining rights to the company.
An online gambling site seeking to auction luxury vehicles on the web. Our Attorneys counseled them into successfully abiding by the law, meeting the requirements of federal U.S. legislation and international law and establishing an international online business venture.
A software company in a multi-million dollar copyright infringement and misappropriation of trade secret suit against a major New England financial services company.
Case Featured in Boston Business Journal More info >>
A musician in a copyright infringement suit whose band terminated his affiliation just prior to signing a major record deal with a prominent label.
The former bodyguard and boyfriend of the artist known as Madonna in a multi-million dollar international defamation suit against Andrew Morton, his publishing company, Newscorp, Inc. and St. Martin's Press for defamatory statements set forth in the book known as Madonna.
A nationwide company in the business of auctioning classical pianos online whose prices were wrongfully hacked and altered by an unauthorized user causing $250,000 in damages. After investigation and the threat of suit, the matter was settled and the merchandise was returned or sold for the actual value instead of the falsely listed price.
A major web site in the Real Estate industry in a complicated dispute between the web site and a web developer contracted by the site to provide certain features. The matter is still in dispute.