Practice/Industry Group Overview
For almost a century, Loeb & Loeb has been recognized as having one of the premier entertainment practices in the world. The Loeb & Loeb Intellectual Property Litigation team builds upon that expertise. Our lawyers, from the most senior partners to our junior associates, combine expertise in such substantive areas as copyright and trademark law, rights of privacy and publicity and unfair competition, with extensive experience in film, music, television, theater, publishing and advertising. Sought out for this unique blend of industry background and substantive expertise, our IP litigators handle cases in virtually every corner of the United States.
In an intellectual property landscape that is constantly being reconfigured, we are at the forefront of counseling and litigating cases involving the latest in technological developments. While our traditional clientele includes media giants who own and create America's most important cultural exports, we increasingly advise those companies whose technological advancements promise to put a new face on American media and entertainment.
However, intellectual property litigation is not merely about issues of industry-wide change and development. It is, and always has been, about individual rights and the protection of those rights. Consequently, our team litigates cases involving individual personal and property rights in all media and advertising and, through its practice in the U.S. Patent and Trademark Office, protects and defends the proprietary rights of Fortune 500 clients far from the media capitals in New York and Los Angeles.
In the areas of advertising and promotions, we prosecute and defend claims of consumer fraud, misleading advertising and deceptive and unfair trade practices. We have represented advertisers in connection with claims asserted before the Federal Trade Commission, the various attorneys general, the National Advertising Division of the Better Business Bureau and other industry and governmental regulatory agencies.
We are both counselors and litigators to our clients. We combine our unmatched industry knowledge with legal expertise including experience in antitrust issues, particularly cutting-edge issues involving licensing of IP rights. The result is efficient and sophisticated representation. As proud as we are of our courtroom successes, we are equally proud of our ability to resolve matters outside of litigation. It is in this area, in which expertise with law and business merge, that we feel we can be most effective.
- Defended the Franklin Mint in a dispute concerning the marketing of Princess Diana collectibles. The U.S. Court of Appeals for the Ninth Circuit unanimously affirmed a trial court's ruling that Franklin had not engaged in false advertising or trademark dilution. The appeals court also affirmed an award of $2.3 million in legal fees, believed to be the largest such award in the history of the Lanham Act.
- Won summary judgment for Anheuser-Busch, DDB Worldwide Communications Group and DDB Chicago in a copyright and trade dress infringement action brought by BattleBots and arising out of a television ad aired during the Super Bowl.
- Won summary judgment for MGM Pictures in Bradley Richlin, et al v. MGM Pictures Inc., dismissing the plaintiffs' claims seeking a declaration that they owned an interest in the renewal term copyright in the motion picture "The Pink Panther," starring David Niven, Peter Sellers, Robert Wagner and Capucine.
- Won summary judgment for Twentieth Century Fox in copyright claim alleging that a character in the film "Ice Age" infringed a previously created cartoon character.
- Defended and won summary judgment for Beastie Boys and Capitol Records in a precedent-setting copyright infringement decision regarding digital sampling, which was affirmed by the U.S. Court of Appeals for the Ninth Circuit with certiorari denied by the U.S. Supreme Court.
- Represented the Recording Industry Association of America, as amicus curiae , in Capitol Records v. Naxos in the New York State Court of Appeals, establishing record company rights in pre-1972 recordings.
- Representing the Motion Picture Association of America, Inc. (MPAA) on behalf of the major motion picture studios in numerous lawsuits against individuals who have been illegally downloading and swapping movies online using peer-to-peer software.
- Represented the interests of the MPAA, member companies and like-minded organizations as amici curiae in the most recent publicity rights cases decided by the California and Florida Supreme Courts.
- Representing Dell in trademark infringement and domain name disputes, including a case concerning the use of "Dellsoft" for computer consulting services brought in federal court in Georgia, and a case concerning the use of "Data Dell" and "Dell Land" for Web development services brought in federal court in Austin, Texas.
- Representation of Woody Allen in a multimillion-dollar lawsuit against Mr. Allen's former producers, recovering after eight days of trial substantial unpaid profit participations from eight prior films.
Clients and Industries
We represent clients in numerous industries, including entertainment, advertising and promotions and technology, both nationally and internationally. Our clients include the following:
- Beastie Boys
- BMG Music Publishing
- Estate of John Wayne
- Estate of J.R.R. Tolkien
- Franklin Mint
- Fox Broadcasting Company
- InDemand Networks
- Metro-Goldwyn-Meyer Studios Inc.
- NCAA affiliate March Madness Athletic Association
- Paramount Pictures Corporation
- Rainbow Media (AMC, IFC, WE)
- SESAC, Inc.
- Sony BMG Music Entertainment
- Sony Pictures Entertainment
- Twentieth Century Fox Film Corporation
Leadership in Law
Our IP and Entertainment Litigation Group recently received high praise in the 2008 edition of the Chambers USA Guide to America's Leading Business Lawyers. The Chambers Guide ranks lawyers and law practices through interviews with clients and competitors. Chambers noted that our IP and Entertainment Litigation Group is known for its "healthy concentration of copyright lawyers and key players in the area of licensing contractual disputes."
The Legal 500 United States, a law firm referral guide, recognized Loeb in its 2008 edition for being "extremely strong in litigation, having notched up a string of high-profile victories over the past year." Clients commended our IP Litigation Group for its "excellent knowledge of copyright law" and reputation for being "good across the board in every stage of litigation."
Our litigators are recognized leaders in the intellectual property community as well as our clients' industries. We are frequent lecturers, many on our team write for trade and industry publications and organizations and are actively involved in the Copyright Society of the U.S.A., the International Trademark Association and various state and local bar groups.
Barry I. Slotnick