Intellectual Property + Media - Davis+Gilbert LLP

For companies in a number of dynamic industries — particularly media, entertainment and sports — constant change is a given. As the lines between these fields continue to converge and cross, new legal challenges arise, especially in intellectual property law.

Our Intellectual Property and Media practice has for decades been on the front lines of the seismic shift from traditional to digital media, and we are amply equipped to help clients address intellectual property challenges in ways both conventional and innovative. Companies look to us to understand their brands, prioritize their concerns and help them navigate the legal and regulatory risks they face in markets that are constantly redefining themselves.

Tending to Brands

The ascendance of digital media has had an outsized impact on brands of all kinds, and the ability to help companies manage, monetize and protect their brands in jurisdictions worldwide takes a carefully honed strategy. Clients, large and small, rely on us to clear and prosecute their trademarks and other intellectual property. We help them increase the value of their brands through licensing, product placement and sponsorship agreements. On the protection side, we design and implement brand enforcement strategies that monitor domestic and international trademark office databases, domain name registrars and various online marketplaces to uncover instances of infringement. When infringement is detected, we take a thoughtful and customized approach to combating it, using every tool at our disposal, including online takedowns, cease-and-desist letters, administrative proceedings or, when necessary, courtroom litigation.

Keeping Up with Entertainment and Sports

Few sectors are as relentlessly fluid as entertainment and sports, where new platforms, disruptive technologies and social media are constantly giving rise to unpredictable changes in audience behaviors. All these behaviors have legal and regulatory implications — many of them still evolving — and the ability to deal with them can make or break a company. We help companies in these fields create and maintain strong connections to their audiences in the face of frequent and sudden shifts in the economic fundamentals of their businesses. These businesses live and die on the successful protection and exploitation of their intellectual property, and we structure their deals to position them for success. While IP issues are always on the front burner, we are also deeply involved in the corporate, real estate, tax and employment ramifications of operating in business environments where unending change is the rule.

Tackling Media Issues

For media companies both traditional and cutting-edge — from publishers and broadcasters to social media platforms and digital content distributors — age-old legal principles need to be interpreted in new ways. We represent media companies of all sizes and types in the protection of their content against claims of libel, slander and defamation, as well as their editorial rights under the First Amendment. We also advise them on their rights and obligations regarding political speech and the acceptance or rejection of candidate, issue and other political advertising.

Advising a cutting-edge live-streaming company on issues that arise in connection with live stream events such as a concert by a global pop superstar, a children's TV show live event and an anniversary celebration for a fashion magazine. Developing custom agreements based on the unique nature of each event and advise on talent services, music licensing, brand integrations, data security, and privacy and children's advertising.
Advised an advertising agency whose client roster includes several manufacturers of sports-related goods, on navigating the International Olympic and Paralympic Committees' Rule 40 Guidelines, which govern the sponsorship of Olympic and Paralympic athletes by non-sponsors of the Olympic and Paralympic Games. Rule 40 was substantially rewritten for the Tokyo Olympics and Paralympics, which created unique challenges and opportunities for sponsors in promoting their athlete relationships during the Games.
Acting as technology and media counsel to a fintech startup that created a cryptocurrency trading platform for high net worth and institutional investors. Established the client’s patent and trademark portfolio, advised on open source compliance and represented the company on the privacy and intellectual property components of its sale to a leading cryptocurrency brokerage.
Representing a top university in trademark matters, handling clearance, prosecution, maintenance and enforcement in the use and registration of the university's name in the U.S. and across the globe. For cross border issues, we retain and coordinate with local trademark counsel in each jurisdiction to take the necessary action locally.
Helped a celebrity client and trademark owner combat online marketing schemes fraudulently claiming that he endorsed certain medical cannabis/CBD oil products. Strategically filed a trademark, right of publicity and false endorsement action against certain marketers we identified after performing an online forensic investigation of the infringing ads. Identified additional involved parties through our forensic findings and information we obtained through subpoenas. Negotiated confidential settlements to ensure that the infringing activity ceased. We were able to protect the client's reputation, collect settlement payments from infringers and also brought to light the harm to unsuspecting consumers who were misled by the infringing and deceptive marketing tactics.
Obtained dismissal of an action against an adtech company specializing in technology that blocks malicious online advertising when a competitor sued for alleged trade secret misappropriation. Court granted our motion to dismiss in its entirety, protecting our client’s reputation and its most important asset, its technology.
Represented a Fortune 50 global advertiser and its advertising agencies against allegations that certain legacy marketing materials contained various music tracks without authorization. Resolved the disputes by taking swift action and avoided litigation.
Defended a global consumer goods company, along with its advertising agency and numerous major broadcasters, publishers, and streaming platforms, in a lawsuit concerning ownership of a recording of a major brand’s iconic jingle. Our motions to dismiss substantially narrowed the case, leading to the dismissal and withdrawal of the plaintiff’s trademark, right-of-publicity and unfair-competition claims. Settled the lawsuit on favorable terms after limiting potential copyright damages through a series of discovery rulings on "indirect profits" and filing meritorious motions for summary judgment and to amend our counterclaims to assert a fraud claim.
Resolved copyright infringement and other intellectual property claims asserted by a graffiti artist against a global marketing and communications firm and its client in connection with the alleged unauthorized use of the artist’s mural in social media posts.
Defending a real estate technology company in a trademark infringement action filed by another real estate startup, and represent our client in related counterclaims. Coordinated discovery requests and responses concerning issues of consumer confusion, senior user status, and nationwide presence to establish common law trademark rights.