Timothy Cahn focuses his practice on litigation and corporate counseling, with an emphasis on advising companies with significant brands to develop strategies to combat infringement, unauthorized distribution of their branded products, unfair competition, trade secret misappropriation and similar problems. Mr. Cahn is experienced in developing and implementing comprehensive intellectual property enforcement and anti-piracy programs for major consumer brands. Prior to joining the firm, Mr. Cahn was a partner at a California-based litigation boutique. He has authored articles and delivered presentations pertaining to intellectual property topics, including the intersection of Internet law and counterfeiting activities. In 2011, the Minority Bar Coalition of the Greater Bay Area honored Mr. Cahn with its Unity Award. Professional & Community Activities American Bar Association, Intellectual Property Section, Member California Bar Association, Member Bar Association of San Francisco, Member International Anticounterfeiting Coalition, Member Experience Litigation strategies for Sony Computer Entertainment America, Inc., Develop and implement litigation strategies for combating the distribution of devices and software that unlawfully circumvent security and facilitate video game piracy in the PlayStation® family of computer entertainment systems. Program leader for Apple, Inc.'s online applications, Oversee program to combat online distribution of pirated software applications for the iPhone®, iPhone Touch®, and iPad® devices. Perfect 10 Inc. v. Amazon.com Inc. et al., Represented defendants Amazon.com, A9.com, and Alexa Internet against claims that search engine capabilities rendered them liable for copyright infringement.
Perfect 10 Inc. v. Amazon.com Inc. et al., No. 2:05-cv-04753 (C.D. Cal. filed June 29, 2005). Apple Computer Inc. v. Psystar Corporation, Obtained summary judgment and a permanent injunction against a computer company utilizing Apple's copyrighted operating system software on non-Apple hardware based upon copyright infringement and violation of the Digital Millennium Copyright Act. The ruling resulted in a published opinion which affirmed liability for distributing copies of operating software and circumvention technology. The Ninth Circuit affirmed the permanent injunction and inapplicability of copyright misuse.
Apple Computer Inc. v. Psystar Corporation, 673 F.Supp.2d 943 (N.D. Cal. 2009), 673 F.Supp.2d 931 (N.D. Cal. 2009), 586 F.Supp. 2d 1190 (N.D. Cal. 2008), aff'd --- F.3d --- (9th Cir. Sept. 28, 2011). Williams-Sonoma Inc. v. Friendfinder Inc. et al., Achieved judgment for Williams-Sonoma, Inc. against unauthorized use of client's trademarks in connection with adult websites.
Williams-Sonoma, Inc. v. Friendfinder, Inc. et al., No. 3:06-cv-06572 (N.D. Cal. filed Oct. 20, 2006). NTN Buzztime Inc. v. Sony Computer Entertainment America LLC, Obtained a favorable settlement for Sony Computer Entertainment America LLC (SCEA), an electronic gaming products company, in this case before the U.S. District Court, Southern California. NTN distributed a video trivia game called "Buzztime," while Sony Computer Entertainment Europe (SCEE) created and SCEA distributed a video trivia game for PlayStation called "Buzz! Quiz World." We obtained a settlement that enabled SCEE and SCEA to continue to market and distribute their video game worldwide.
Buzztime Entm't Inc. v. Sony Computer Entm't Europe Ltd., No. 3:08-cv-00122-MMA -POR (S.D. Cal. filed Jan. 23, 2008). Neoris de México S.A. de C.V. v. ARIBA Incorporated, Successfully litigated Neoris de México S.A. de C.V. claims arising out of a $20 million purchase of online e-procurement software licenses.
Neoris de Mexico, S.A. de C.V. v. ARIBA Incorporated, No. 3:02-cv-01670 (N.D. Cal. filed Mar. 14, 2006). Wynn Las Vegas LLC v. International Business Machines Inc., Successfully employed a declaratory judgment filing strategy in a $10 million software license dispute.
Wynn Las Vegas LLC v. International Business Machines Inc. No. 2:10-cv-00999 (D. Nev. filed June 23, 2010). Doe v. The Gap Inc. et al., Obtained dismissal of claims for defendant/client brought in Saipan under Alien Tort Claims Act alleging liability for mistreatment of foreign workers.
Doe v. The Gap Inc. et al., No. CV-01-0031 (C.N.M.I. filed Sept. 11, 2003). Trademark litigation for Levi Strauss & Co., Obtained trademark in rem action achieving, in a single proceeding, the cancellation and forfeiture of 70 infringing Internet domain names owned by various U.S. and foreign registrants. Levi Strauss & Co. v. Bells Fashion Inc. et al., Successfully halted major "LEVI'S®" jeans counterfeiting operation in Los Angeles.
Levi Strauss & Co. v. Bells Fashion Inc. et al., No. 2:06-cv-03781 (C.D. Cal. filed June 16, 2006). Intellectual enforcement programs for Levi Strauss & Co., Design and implement various enforcement programs aimed at stopping the distribution of counterfeit and gray market LEVI'S® jeans, as well as policing the unauthorized online distribution of the company's products and use of its trademarks. Sony Computer Entertainment America, Inc. v. Garcia et al., Stopped the unlawful distribution of "modding" devices and pirated video games.
Sony Computer Entertainment America Inc. v. Garcia et al., No. 3:08-cv-03954 (N.D. Cal. filed Aug. 19, 2008). Williams-Sonoma Inc. v. Soho Corporation et al., Successfully litigated trademark infringement suit.
Williams-Sonoma, Inc. v. Soho Corporation et al., No. 4:05-cv-03240 (N.D. Cal. filed Aug. 9, 2005). Sony Computer Entertainment America LLC v. Zoomba LDC and www.shoppsjailbreak.com, Represents Sony Computer Entertainment America LLC, manufacturer of the PlayStation® family of products and programs, as plaintiff in a copyright and DMCA infringement litigation to stop distribution of illicit "PS Jailbreak" devices. Successfully obtained preliminary injunction. Case pending.
Sony Computer Entm't Am. LLC v. Zoomba LDC, No. 3:10-cv-03909-RS (N.D. Cal. Aug. 31, 2010). D'Alessio v. Levi Strauss, Achieved dismissal with prejudice of $10 million trade libel lawsuit against client arising out of anti-counterfeiting activities in Italy.
D'Alessio v. Levi Strauss, No. 2:02-cv-01396 (S.D. W.Va. filed Dec. 2, 2002). Designed program to stop unauthorized online distribution of adidas products, Designed and implemented program to stop unauthorized online distribution of company's branded products. Levi Strauss & Co. v. Speyer et al., Obtained first successful lawsuit in California challenging a cybersquatter's misappropriation of a brand owner's trademark for use in a domain name. Achieved transfer of domain name www.levis.com to client.
Levi Strauss & Co. v. Speyer, et al., No. 4:96-cv-00958 (N.D. Cal. filed Mar. 13, 2006). Levi Strauss & Co. v. Bengy West Inc. et al., Obtained permanent injunction against U.S. distributor's gray market (or parallel market) sales to Europe of Levi's® brand goods.
Levi Strauss & Co. v. Bengy West Inc et al., No. 2:97-cv-07287 (C.D. Cal. filed Oct. 2, 1997). Implemented program to stop unauthorized online distribution of Dr. Marten's products, Designed and implemented program to stop unauthorized online distribution of company's branded products. Sony Computer Entertainment America Inc. v. Divineo, Served as co-counsel in representing Sony Computer Entertainment America Inc. in a copyright infringement action. The defendants had violated the Digital Millennium Copyright Act (DMCA) by distributing video game console circumvention devices that allowed the unlicensed copying of PlayStation® video games. We obtained summary judgment and an award of $5.8 million plus attorneys' fees in favor of our client. The case resulted in a published decision establishing judicial precedent for calculating statutory damages under the anti-circumvention provisions of the DMCA.
Sony Computer Entm't Am., Inc. v. N2-Elecs.Com, 457 F.Supp.2d 957, (N.D. Cal. 2006). Trademark, copyright and anti-counterfeiting services for Levi Strauss & Co., Represents Levi Strauss & Co. (Levi) for setting brand enforcement strategies, distribution policies (including gray marketing), anti-counterfeiting efforts and enforcement of trademarks, copyrights and distribution policies in cease and desist efforts and litigation. Hundreds of matters, including over 75 lawsuits, have been handled. We have also advised Levi regarding notice and take-down issues under the DMCA. Intellectual property litigation strategy for Williams-Sonoma, Inc. and Pottery Barn, Inc., Designed and implemented litigation strategy for combating use of the company's trademarks in connection with pornographic websites. Koon Chun Hing Kee Soy & Sauce Factory LTD v. Eastimpex et al., Obtained successful plaintiff's verdict in bench trial of trademark counterfeiting claims.
Koon Chun Hing Kee Soy & Sauce Factory, LTD v. Eastimpex et al., No. 3:04-cv-04146 (N.D. Cal. filed Sept. 30, 2004). Emery v. Visa Int'l Service Assoc., Obtained summary judgment and favorable published appellate opinion for Visa on claims under California Business & Professions Code §17200 alleging that Visa encouraged unlawful foreign lottery solicitations.
Emery v. Visa Int'l Service Assoc., 95 Cal. App. 4th 952 (2002), Emery v. Visa Int'l Services Assoc., (2002). AliphCom v. MyTalk Inc., Represents AliphCom, a manufacturer of wireless headsets, in a trademark infringement suit involving wireless communications devices.
AliphCom v. MyTalk, Inc., No. 3:2010cv04918 (N.D. Cal. filed Oct. 29, 2010). Levi Strauss & Co. v. GTFM Inc., Obtained successful suit against major manufacturer for infringement of client's famous Tab Trademark. Attained published summary judgment opinion rejecting defendant's attempt to cancel or restrict client's trademark registrations.
Levi Strauss & Co. v. GTFM, Inc., 196 F. Supp. 2d 971 (N.D. Cal. 2002), Levi Strauss & Co. v. GTFM Inc., No. 4:01-cv-00745 (N.D. Cal. filed Feb. 20, 2001). Blue Marlin Corporation et al. v. VF Corporation et al., Obtained preliminary injunction against major clothing manufacturer's infringement of client's "five star" trademarks under a "reverse confusion" theory.
Blue Marlin Corporation et al. v. VF Corporation et al., No. 3:02-cv-05096 (N.D. Cal. filed Oct. 21, 2002). Publications International Ltd. v. Leapfrog Enterprises Inc., Achieved dismissal of declaratory judgment action for defendant in trademark infringement litigation.
Publications International, Ltd. v. Leapfrog Enterprises, Inc., No. 1:08-cv-02800 (N.D. Ill. filed May 14, 2008). Sony Computer Entertainment America Inc. v. American Medical Response Inc., Successfully implemented declaratory judgment filing strategy to combat claims of alleged trademark infringement.
Sony Computer Entertainment America, Inc. v. American Medical Response, Inc., No. 4:06-cv-06603 (N.D. Cal. filed Oct. 24, 2006). Sony Computer Entertainment America Inc. v. Filipiak, Successfully represented Sony Computer Entertainment America Inc., a computer software company, in a copyright infringement action. The defendant violated the Digital Millennium Copyright Act (DMCA) by distributing software that allowed the unlicensed copying of Sony video games. We obtained a $6 million verdict in favor of our client. This ruling was a seminal decision regarding DMCA liability and calculation of statutory damages and resulted in a published opinion.
Sony Computer Entm't Am. Inc. v. Filipiak,406 F.Supp.2d 1068, (N.D. Cal. 2005). *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 02 February 2012, From the Experts: Head In(to) the Cloud?
Source: Corporate Counsel, Articles 01 April 1998, Applying the Safe Distance Rule in Counterfeiting Cases: A Call for the Use of Broad Equitable Power to Prevent Black and Gray Marketeering
Source: Fordham Intellectual Property, Media, and Entertainment Law Journal, Articles 01 January 1990, The Law of Political Asylum in the United States
Source: American Immigration Law Association, Articles Corporate Espionage, Emerging Issues News 22 November 2011, Kilpatrick Townsend's Tim Cahn Receives Minority Bar Coalition Unity Award, News Releases Events 07 December 2010, The DMCA 12 Years Later: Pitting Copyright Protection Against Technological Innovation?, Events |