Foreign and domestic clients in the software, hardware, and web development industries rely on our intellectual property expertise in order to protect and license their technological works. To do so, we often draft and negotiate software licensing, non-disclosure, and employment or subcontractor agreements with work-for-hire, non-compete, and non-solicitation provisions.
In addition, we have litigated various claims, including Digital Millennium Copyright Act, antitrust, and breach of licensing agreement, on behalf of our clients in federal and state courts at the trial and appellate levels. Such representation has included responding to cease and desist letters, filing antitrust counterclaims, and resolution of arbitration claims.
Representative matters include:
- Alluring Logic — Negotiated the acquisition of client Alluring Logic, an SaaS company that serviced the retail sector, by digital marketing company Proximity Insight, including advising the client on the copyrightability of source code;
- Gelo Factory — Advised Gelo Factory, a software development/design firm, on its client agreements with Toyota, among others, in addition to the preparation of the company’s operating agreement;
- Kanvas Labs — Provided counsel to Kanvas Labs, maker of a best new iTunes app, on copyright fair use issues concerning the Apple iTunes license so as to enable the company’s acquisition by AOL;
- Legendsky Tech Co. — After filing antitrust counterclaims, favorably settled a Digital Millennium Copyright Act circumvention case filed by Intel and Warner Brothers against Legend Sky Tech., maker of hardware that enables HDCP interoperability between different devices. Warner Brothers et. al. v. Legendsky Tech Co., Index No. 15-CV-10169;
- Tumblr litigation — Favorably settled alleged copyright infringement (a/k/a “copyright troll”) claims totaling at least six figures for a fraction of that amount on behalf of defendants who were the subject of N.Y. state court unmasking subpoenas in connection with their alleged unlawful Tumblr downloads of copyrighted material. Jane Doe v. Tumblr, Inc., et al, Index No.: 153709/2017; and
- Open Influence (f/k/a “InstaBrand”) — Counseled InstaBrand, a digital ad start-up that promotes brands on Instagram, on the existence and scope of fiduciary duties per promoter agreements that were prepared for the client.