Represented an Internet travel services company in a class action suit alleging violation of the Electronic Communications Privacy Act, Computer Fraud and Abuse Act and the Video Privacy Protection Act.  The defendants were alleged to have misused private information submitted to their websites by clients. 

Represented a company that develops event management software in a trademark dispute with one of the world’s largest technology companies.  Issues included allegations of acquiescence and laches, and distinctions between the companies’ markets.

Represented an online price comparison shopping search engine in a trade secret dispute.  An employee resigned and went to work for a competitor.  Prior to resignation, the employee misappropriated the employer’s customer list, pricing, cost and other financial information as well as documents outlining business strategy. 

Represented a feature film and television production company in a copyright dispute related to the screenplay for a motion picture that was released to theaters nationwide.  The lawsuit focused on ownership of the screenplay and disputes related to production of the film. 

Represented a national furniture manufacturing company in a trade dress dispute with a manufacturer, distributor and retailers selling a chair and ottoman set that was virtually identical to the company’s long-famous design. 

Represented an online dating service in an alleged class action asserting gender discrimination in violation of the Unruh Act.  Prevailed on a forum non conveniens motion, effectively requiring the plaintiffs to pursue any further litigation in the company’s home country.    

Represented an enterprise software company in a dispute over the functionality of software developed for the client’s business.  Issues included development of technical applications and integration with existing systems. 

Represented a software company in a software licensing dispute with a customer.  Issues included the scope of the customer’s alleged right to sublicense or disclose source code to end-users that manufactured consumer products and whether performance issues with the software amounted to breach of the license agreement.

Represented an overseas electronics manufacturer in a licensing dispute with a technology company.  The technology company defaulted on its payment obligations.  Issues included the manufacturer’s rights to sell accumulated inventory to third parties notwithstanding the technology company’s intellectual property rights in the licensed technology.

Represented a software company that provides automated assessment solutions to the insurance industry in a claim for fraud and unfair business practices allegedly violating the Consumer Legal Remedies Act.  The plaintiff alleged that the software provided inaccurate assessment of property damage that reduced insurance claim payments to insureds. 

Represented an environmental consulting and remediation company in a software licensing dispute with a large electric power trade organization.  Issues included that parties’ respective rights to share technology with third parties and the impact of multiple express and implied modifications to the original license agreement over a span of nearly ten years.

Represented a manufacturer of semiconductor manufacturing equipment in litigation involving misappropriation of trade secrets through corporate espionage.  Allegations included theft of manufacturing diagrams by company insiders.

Represented a software company in a trademark opposition proceeding in the USPTO involving the alleged similarity of marks, priority of use and fraud in the procurement of competing marks.  Included a counterclaim to cancel the registrations of the opposing company’s marks.

Represented an Internet technology company in a dispute over a failed joint venture to create a web site for musicians to upload music and customers to download it in MP3 format.  Issues included ownership of trademark rights to multiple jointly developed marks, the domain names and the ongoing use of technology developed to operate the web site.  

Represented a software developer in a copyright and contract dispute involving custom software applications to analyze mortgage loans.  Issues included the work-for-hire doctrine and disputed ownership of the software.

Represented an Internet bandwidth re-seller in a dispute regarding breach of a colocation facility agreement and counterclaims for misappropriation of trade secrets and unfair competition based on the bandwidth provider’s unauthorized use of confidential information.  The colocation facility wrongfully used information to verify credit-worthiness to identify and steal customers.

Represented a financial products software company in a trade name dispute against a software company using a nearly identical mark to market its own financial analysis software.  Issues included potential willful infringement due to the defendant’s admitted USPTO survey prior to publishing the infringing trade name.

Represented an Internet download service in a dispute regarding unfavorable placement of its link on the Web portal of an Internet Service Provider.

Represented an overseas electronics manufacturer in a contract and shareholder dispute involving the impact of changing market conditions on the parties’ mutual obligations under a technology licensing and manufacturing agreement.  Issues included the manufacturer’s rights as a substantial shareholder in the client corporation and that company’s acquisition by a publicly traded technology company.

Represented a start-up company providing an Internet digital file delivery service in a copyright and contract dispute with a software developer.  Issues included the work-for-hire doctrine and ownership of several software programs to manage and expedite the transfer of digital files over the Web.

Represented the manufacturer of computer disc labeling equipment in a lawsuit alleging misappropriation of trade secrets.  The defendant developed related technology as a consultant to a computer disc manufacturing company.  Following termination of that relationship, he formed a competing company based on next generation technology.

Represented an Internet company providing a CD back-up service for programs downloaded from the Internet in a dispute involving trade secret misappropriation and trade dress infringement.  A business partner that provided technical support used confidential information subject to a non-disclosure agreement to set up a competing business based on the same technology, look and feel.  

Represented a software company to oppose the trademark application of a magazine publisher’s similar mark and to secure the transfer of the domain name.  Issues included the nearly identical nature of the magazine’s mark and its market segment giving rise to a likelihood of confusion. 

Represented a software company in a trademark dispute against another software company that adopted a nearly identical mark in a potentially competing line of business.  The junior user agreed to drop its use of the mark. 

Represented a software startup in a dispute involving alleged misappropriation of source code by a departing executive.  The executive responded with his own claim for breach of his employment agreement and failure to pay severance. 

Represented the operator of a web site to evaluate potential personnel trades in several professional sports in a dispute against a media company that copied many elements of its web site.  The media company also displayed the web site operator’s trademark in its HTML code. Issues included copyright and trademark infringement, including initial interest confusion. 

Counseled an environmental consulting and remediation company as to software licensing and development.  Issues included development of its own software that would compete with products supplied by several vendors without breaching licensing agreements or violating intellectual property rights, such as copyright and trade secrets. 

Represented the operator of a restaurant chain in a trademark, trade dress and trade secret dispute with its former franchisor.  Issues included whether the former franchisee’s restaurant name was confusingly similar to the franchisor’s, whether the franchisor was the senior user of one of the disputed marks, geographic disparity of their markets and whether certain recipes were entitled to trade secret protection. 

Represented a producer of graphics used in promotions for motion pictures in a copyright dispute.  The client produced key art that was used in posters promoting a movie featuring well-known Hollywood stars.  The alleged owner of similar art asserted a claim for copyright infringement.  Issues included whether the key art copied the original art and whether the plaintiff had standing to assert a copyright claim.  

Represented the developer of software to facilitate learning a foreign language in a copyright and trade secret dispute with a competitor.  The principals of the alleged infringer formerly worked with the competitor, who accused them of stealing source code to develop a competing product. 

Represented an Internet company that provides large electronic file transfers in a trademark dispute with a company that streams video over the Internet.  Issues included whether there was a likelihood of confusion given the disparity in their respective markets. 

Negotiated and drafted numerous complex technology licensing, manufacturing, employment and other agreements for companies in a multitude of industries, including software, GPS technology, consumer electronics, environmental consulting and remediation, online retail, textiles and Internet infrastructure and commerce.

Represented numerous companies in several industries with regard to trademark clearance and prosecution with the United States Patent & Trademark Office, including software, Internet, entertainment, environmental remediation and consulting, retail, and telecommunications.