Gregory J. Sater: Lawyer with Venable LLP

Gregory J. Sater

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Los Angeles,  CA  U.S.A.
Phone310.229.0377

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Experience & Credentials
 

Practice Areas

  • Intellectual Property Litigation
  • Litigation
  • Class Action Defense
  • Commercial Litigation
  • Regulatory
  • Advertising and Marketing
  • Advertising and Marketing Litigation
  • Advertising and Marketing Class Action Defense
  • California Law - Consumer Protection Statutes
  • Trademark Litigation
 
University Stanford University, B.A., Human Biology, with distinction, 1988
 
Law SchoolHarvard Law School, J.D., cum laude, 1991
 
Admitted1992, California; Supreme Court of California; U.S. District Court for the Central District of California; U.S. District Court for the Southern District of California; U.S. District Court for the Eastern District of California; U.S. District Court for the Northern District of California
 
LanguagesFrench
 
BornLos Angeles, California, December 9, 1966
 
Biography

Greg Sater (Harvard Law School, 1991) combines litigation and non-litigation skills and experience to help clients with their intellectual property and advertising-related issues, including advice, counseling and litigation relating to advertising claims and substantiation, trademarks, copyrights, trade dress, trade secrets, rights of publicity, and other related issues. Mr. Sater represents the top direct response television advertisers, online marketers and many other companies in a variety of different industries in connection with their intellectual property issues, false and deceptive advertising concerns, compliance with state and federal advertising regulations, state and federal court litigation, class action defense, and as a preventative matter the drafting of sound business contracts. A native of Los Angeles, Mr. Sater also has represented numerous music, motion picture and entertainment industry personalities and companies in IP and contract litigation matters. In addition to many jury and bench trials, Mr. Sater has briefed and argued precedent-setting cases before the California Supreme Court and other appellate courts.

Mr. Sater also has volunteered his time pro bono as a volunteer prosecutor for the City of Los Angeles, where he has secured guilty verdicts in criminal jury trials involving handguns, domestic violence, assault and battery, and earlier in his career, was instrumental in several public interest lawsuits filed against the federal government to protect habitat for endangered species living on public lands in the West.

Significant Matters

Litigated and obtained multi-million dollar settlement representing plaintiff in a copyright and trademark infringement action based on a short-form direct response television commercial.

Successfully defended against federal court claims of trademark and copyright infringement based on doctrine of fair use.

Litigated and obtained permanent shut down of purported "consumer review" websites that in reality were connected to a client's competitor and contained derogatory "reviews."

Conducted numerous investigations of suspected importers of counterfeit "As Seen on TV" products and obtained ex parte seizures of counterfeit inventory, along with damages.

Reviewed advertising claims, testimonials, and substantiation for countless television, radio, print, and online advertising campaigns and counseled clients on FTC compliance.

Defended numerous clients against consumer class action cases alleging false or deceptive advertising under the California Legal Remedies Act (CLRA) and Unfair Competition Law (UCL).

Defended numerous clients against California District Attorney actions alleging violations of Business & Professions Code Sections 17200 and 17500.

Negotiated with the FTC for changes to several clients' advertising claims, thereby averting FTC actions for millions of dollars in redress.

Assisted several well-known skincare and cosmetic companies with review of their draft claims and scientific substantiation.

Successfully defended hit infomercial fitness product against class action advertising case alleging unsubstantiated claims, ultimately winning a "voluntary" dismissal.

Defeated motion for preliminary injunction sought against client, a leading consumer product marketer, for alleged copyright, trademark and trade dress infringement.

Defended against and settled claims of right of publicity violations brought against a marketer client for using a celebrity's image post-license expiration.

Obtained sweeping federal court injunction and seven-figure judgment in favor of a leading infomercial company versus websites selling "knock off" versions of the client's products.

Obtained favorable settlements in FTC false advertising investigations of successful marketers selling fitness devices, weight loss programs and other products on TV, online, and at retail.

Defended and resolved numerous alleged false advertising class actions brought in various states for nominal or in some cases no payments by clients.

Obtained ex-parte restraining order, seven-figure garnishment, preliminary injunction and successful settlement of a case against CPA or PI affiliate of infomercial company, for fraudulent orders.

Litigated trade name infringement action for furniture manufacturer versus competitor who adopted similar name.

Commissioned and/or reviewed countless scientific evaluations, tests and studies to serve as substantiation for advertising claims.

Negotiated and drafted countless contracts relating to the distribution of consumer products, including license/distribution agreements, celebrity/host agreements, testimonial releases, and producer agreements.

Successfully brought and settled private arbitration action for an entertainment industry client against a former officer of the client for allegations of embezzlement.

Drafted terms and conditions and disclosures for numerous web sites to address such issues as privacy, negative options and continuity, "free" offers, contests, and social media policies.

Successfully defended fashion company against claims of copyright infringement by leading competitor, obtaining favorable settlement.

Brought and successfully resolved false advertising and unfair competition claims on behalf of a prominent direct marketing company versus a leading competitor for TV and Internet ads.

Defended company selling popular fitness product sold on television against California false advertising claims.

Litigated and successfully settled Lanham Act claims between two leading competing manufacturers of vehicle equipment over each other's comparative advertisements.

Litigated and obtained multi-million dollar settlement representing a leading California chain of LASIK surgery clinics in a trade name infringement action.

Obtained defensive summary judgment in favor of well-known infomercial product marketer in trademark infringement lawsuit by major competitor over name of client's fitness product.?

Represented estate of world-famous rapper in series of several right-of-publicity, trademark, and copyright infringement actions filed after his death.

Represented estate of famous silent film star in right-of-publicity cases.

Represented an internationally acclaimed magician/illusionist as a plaintiff in a defamation action brought against a tabloid magazine.

Brought and successfully resolved a copyright infringement suit based on the unauthorized use of a photograph of a well-known college (and later NFL) quarterback.

Represented motion picture director and independent producer as plaintiffs in a contract/tort action filed against well-known movie stars.

Drafted countless carefully-written contracts, thereby preventing an untold number of lawsuits.

California Court of Appeal, R.S. Creative v. Creative Cotton, 75 Cal. App.4th 486 (1999) (notable case of first impression).

Filed and successfully settled case alleging false advertising of products promoted online as being "As Seen On TV."

Successfully settled anti-trust claims on behalf of a Los Angeles-based distributor of jewelry.

Brought and successfully settled patent inventorship claims for successful inventor and licensor of popular exercise devices.

Obtained seven-figure judgment for Beverly Hills distributor of high-end luxury vehicles versus competitor across the street for acts of unfair competition.

Obtained numerous Internet domain names, such as dwightyoakam.com and worldmusicawards.com, for plaintiffs in cybersquatting actions and arbitrations.

Successfully defended and settled right-of-publicity claim against prominent toy manufacturer for using "sound-alike" song recording in a plush toy.

Successfully defended toy company against allegations of IP infringement relating to popular backyard product for children.

Litigated trade secret misappropriation case against animatronics manufacturer.

Litigated name dispute between two telecommunications industry companies through trial.

Defended several royalty and accounting cases for companies who allegedly had underpaid their royalty participants.

Obtained the "take-down" of listings of numerous counterfeit products being offered on several e-commerce websites.

California Supreme Court, Brennan v. Tremco, 25 Cal.4th 310 (2001) (notable case of first impression).

Honors

Recognized in the 2012 edition of Legal 500, Marketing and Advertising

Selected for inclusion in Southern California Super Lawyers 2005 - 2011

Industries

Toys and Games

Consumer Products and Services

Dietary Supplements, Cosmetics and Functional Foods

New Media, Media and Entertainment

Digital Media

Memberships

Electronic Retailing Association, Ethics Committee

Direct Marketing Association, Member

Los Angeles County Bar Association, Member

American Bar Association, Special Committee on Promotion and Marketing Law

American Bar Association, Trade Dress Committee

State Bar of California, Member

City of Los Angeles, Volunteer Prosecutor

Intellectual Property Owners Association

 
ISLN900791466
 

Documents by this lawyer on Martindale.com

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POM Wonderful's Decertification Decision Will Be Hard to Swallow for the Plaintiffs' Class Action Bar
Bety Javidzad,Gregory J. Sater,Daniel S. Silverman, April 3, 2014
On March 25, 2014, Judge Dean Pregerson, of the U.S. District Court, Central District of California, decertified a nationwide class of consumers in a class action brought against POM Wonderful LLC over allegedly false and misleading health claims related to its pomegranate juice. Judge Pregerson's...

California's Do Not Track Disclosure Bill
Deborah A. Feinblum,Brett A. Garner,Stuart P. Ingis,Gregory J. Sater,Michael A. Signorelli, January 17, 2014
As of January 1, 2014, California law requires operators of websites and online services to publicly disclose how they respond to "do not track" (dnt) signals, though the exact requirements vary depending on whether an entity is a first party (e.g., web publisher) or third party (e.g., ad...

Going Green: California Adopts Groundbreaking Safer Consumer Products Regulations
Todd A. Harrison,Claudia A. Lewis,Gregory J. Sater,Erin E. Seder, September 16, 2013
On August 28, 2013, California’s Office of Administrative Law approved the Department of Toxic Substances Control’s (DTSC’s) landmark Safer Consumer Products Regulations. These bold regulations are an integral part of the state’s Green Chemistry Initiative to accelerate the...
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Office Information

Gregory J. Sater

2049 Century Park East, Suite 2100
Los AngelesCA 90067




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