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.
Since our inception in 2006, we have been representing award winning media & entertainment clients with their intellectual property, litigation, and corporate matters. Whether it’s an external dispute with a vendor, or an internal conflict with a partner, we have for more than ten years been by our media & entertainment clients side to quickly resolve problems as efficiently as possible and within the budget we set for the client.
More recently, for example, we successfully settled a contentious dispute between actor Mr. Edward Burns, who starred in Saving Private Ryan, and one of his vendors in New York after filing an answer and counterclaims alleging fraud, among other things. Other clients in this industry have included:
- Manhattan based Bodega Studios, producer of independent films like Hello Lonesome
- Grammy award winning Def Jam recording artist Ms. Chrisette Michele Payne (p/k/a Chrisette Michele)
- Legendary recording artist Mr. Ramble Krohn (p/k/a “RJD2“), creator of AMC’s Mad Men theme music
- Grammy award winning recording artist Mr. Winston Rodney (p/k/a “Burning Spear“)
- Russian recording artist Ms. Liana Migulya, daughter of legendary Russian artist Mr. Vladimir Migulya
- Audio-visual distribution company Victory Audio Video Services, Inc. (d/b/a “Victory Multimedia“)
Over the years, we have represented fashion designers who are members of the Council of Fashion Designers of America (“CFDA”) and/or who have won the coveted Ecco Domani© Fashion Foundation award, in addition to burgeoning and established designers.
Representative matters in this industry include:
- Apiece Apart – Negotiated and drafted the operating agreement, independent contractor, and investment documents for Apiece Apart, a woman’s fashion company which has been featured in Vogue, among other publications;
- Mr. Richard Chai — Negotiated a favorable commercial lease and drafted trademark licenses for Mr. Richard Chai, the 2005 winner of the Ecco Domani© Fashion Foundation award;
- Ms. Allison Cosmos – Defended Ms. Cosmos, a well-known interior designer who has been featured in the likes of Elle Decor, against copyright infringement claims in connection with embroidery;
- Donald Deal, Inc. — Registered trademarks and negotiated several contracts for CFDA designer Mr. Donald Deal, who is carried by the likes of Wilkes Bashford and Neiman Marcus, and who has dressed the likes of Sharon Stone and Barbara Walters;
- Industrias Integratas — Advised this Colombian based apparel manufacturer, concerning the company’s contractual rights against a New Jersey textile broker;
- Tailors Keep – Drafted employment and investor agreement documents for this San Francisco based men’s wear company which has been featured in publications including The Wall Street Journal;
- Emma Fox Leatherware, L.L.C. — Registered trademarks for Emma Fox Leatherware, L.L.C., a burgeoning purse design company;
- Danielle Nicole, Inc. — Successfully dismissed a breach of contract complaint brought against Danielle Nicole, Inc., an emerging purse design company, and its founder, Danielle Nicole; and
- Fair Ends – Reviewed and negotiated investment documents for Fair Ends, a burgeoning fashion brand.