Copyright, Trademark, and Media Litigation

/Overview

We represent established and emerging entities and individuals across a wide range of industries, including entertainment and media, fashion, toys and video games, beauty and personal care, food and beverage, consumer electronics, social media, music, and software applications.

Our experience encompasses providing strategic counsel to both plaintiffs and defendants across the country in state and federal court, at arbitration, and on appeal, as well as handling disputes before the US Trademark Office and International Trade Commission. We also represent clients in international arbitration and litigation disputes, alongside associate foreign counsel.

/Representative experience

• Won a bench trial for defendant and counterclaimant Reuben Klamer, the author of the iconic board game, The Game of Life, on the issue of copyright ownership, which was affirmed unanimously on appeal by the First Circuit.
• Won summary judgment for plaintiffs British Broadcasting Corporation and affiliated entities in two lawsuits involving trademark infringement and dilution of the famous Dancing with The Stars trademarks and breach of and interference with BBC’s contracts with its professional dancers by defendants’ competing live dance shows. Won partial summary judgment for plaintiffs, including a complete dismissal of defendants’ contract interference and trademark cancellation counterclaims and dismissal of defendants’ affirmative defenses of trademark genericism and abandonment. Gutting of defendants’ claims and defenses on summary judgment led to the matter being resolved with a Consent Judgment and Permanent Injunction against defendants.
• Represented plaintiff Vanessa Hudgens, an American actress, entrepreneur, and singer, in a suit filed against SBLA Beauty relating to violations of rights of publicity, unfair competition, and false advertising. Achieved amicable early settlement. 
• Represented plaintiffs Brittany Xavier, a well-known social media influencer, and her company Thrifts and Threads Inc., in a suit against beauty brand Undefined, Inc. for copyright infringement, violation of statutory and common law rights of publicity, false advertising, and unfair competition—achieving a mutually favorable settlement during fact discovery and after mediation. 
• Won partial summary judgment for defendants Conan O’Brien, his production company, his head writer, and the TBS network, finding no copyright infringement as to certain monologue jokes used during his talk show.
• Represented defendant UNCAS International, LLC in a copyright infringement suit involving jewelry designs brought by LA Gem & Jewelry Design. The case settled favorably early in fact discovery.
• Achieved complete dismissal for Lionsgate, Morgan Creek, and its producers and writers in a copyright and trademark infringement matter concerning the Tupac Shakur biopic film, All Eyez On Me. Plaintiff dismissed the suit after receiving a Rule 11 Motion for sanctions for filing and continuing to litigate a frivolous suit.
• Represented model and actress Emily Ratajkowski in a copyright infringement case by arguing fair use when reposting a paparazzi image, focusing on commentary and artistic expression. 
• Represented plaintiff video game developers and publishers Stardock Entertainment and Valve Corporation in a trademark and copyright infringement dispute involving Star Control: Origins, an action-adventure video game. The matter settled favorably.
• Successfully employed a First Amendment defense to secure a full dismissal on a motion to dismiss on behalf of defendants and video game companies Ironclad Games and Stardock Entertainment in a trademark infringement dispute.
• Represented plaintiff Hästens Sängar, a Swedish manufacturer specializing in luxury beds, bedlinen, pillows, and lifestyle accessories, in a trademark infringement matter related to the design and pattern of a mattress. The case settled favorably.
• Represented plaintiff Pushpay IP Limited, a company that develops mobile application programs to assist organizations with financial payment transactions, in a trademark infringement matter related to the marks “Push Pay” and “Push Payments,” as well as the Push Payments logo. The case settled favorably.
• Represented plaintiff and legendary golf course St Andrews Links in a trademark infringement matter related to the selling and distribution of goods and services in connection with the “St Andrews” mark for profit without authorization. The case settled favorably.
• Won defense victory for Nike in its landmark trademark case against Adidas over Nike’s right to use two stripes on athletic apparel; Adidas filed a broad “covenant not to sue” releasing Nike from all alleged past and present trademark claims, and committing not to sue Nike over any two-striped athletic apparel or shoes throughout the United States.

/Recognition

• Nixon Peabody has been named a Tier 1 National firm for Litigation - Intellectual Property; Media Law; and Trademark Law in the 2025 edition of Best Law Firms®.