Copyright, Trademark & False Advertising

From managing some of the world’s best-known brand portfolios to arguing the most impactful copyright cases, we bring a decisive edge to “soft” IP.

Copyright has emerged as the arena for some of the most significant disputes in the technology sector. Our team has crafted some of the most innovative – and successful – copyright arguments, protecting innovations for clients like Oracle and DISH Network.

Global brands like AT&T, eBay, Visa and Microsoft look to our team for counseling on trademark enforcement and false advertising issues. Sports leaders from NFL Properties to the United States Golf Association rely on us to protect their brands. And we help emerging companies develop strong IP portfolios and future growth strategies.

Our reputation for winning in the courtroom often helps resolve disputes short of trial. By partnering with our clients’ in-house teams to mobilize quickly and frame the issues, we’re often able to resolve disputes with minimal cost and distraction.

  • Breaking the Mold

    Our team has a distinctive record of being on the winning side of copyright arguments.

    In a hard-fought copyright battle with the major TV networks, we helped DISH Network preserve the popular commercial-skipping and block-recording features it added to its Hopper DVR. The courts found that DISH’s streaming services did not constitute a public performance under the Copyright Act – one of the most important decisions in this area since the U.S. Supreme Court’s Betamax decision in 1984. The summary judgment ruling was also an important development in copyright law because it blunted the impact of CBS v. Aereo, another Supreme Court ruling many tech experts feared would have a chilling effect on innovation.

    In Oracle v. Google, described by the trial judge as "the World Series of IP cases," we won a decision from the Federal Circuit that made new law on the copyrightability of software. Financial Times reported that our brief not only "demystified the technical issues" but also "brought a touch of magic" to Google’s argument.

    We won a copyright case before the Supreme Court, Kirtsaeng v. John Wiley & Sons, that rescued the U.S. market of copyrighted goods manufactured abroad, which was estimated at $60 billion. The Supreme Court had split 4-4 when it previously addressed the issue in the case – whether the "first sale" doctrine of copyright law applies to copyrighted works made lawfully abroad. SCOTUSblog praised our advocacy, writing that "this well might be the rare case of a victory at oral argument."

    Based on these three copyright wins, Law360 selected us as one of four "IP MVPs" – "the firms that have consistently shown they can win big in significant intellectual property cases, each racking up multiple ‘IP Practice Group of the Year’ wins in the past five years. The American Lawyer cited our copyright wins in naming us both "IP Litigation Department of the Year" and a finalist for "Litigation Department of the Year" in 2016. As AmLaw reported, we delivered a "championship showing in intellectual property, paced by copyright victories for Oracle and DISH Network against Fox Broadcasting."

    Cutting-Edge Trademark and False Advertising Disputes

    Clients called on our team to litigate novel issues in trademark law, including rights in sounds and color, the scope of trade-dress protection, and whether trademark rights can be the subject of a quasi-interpleader action. Many of these cases struck at the heart of our clients’ ability to compete in their industries. Following a jury trial, we defeated false advertising claims brought against MobileIron by a fierce competitor in the mobile device management industry.

    Combating Internet Fraud

    For many of our clients, a crucial component of brand protection is rooting out spammers and counterfeiters. We’ve emerged as a leader in the area of Internet security, frequently working with law enforcement agencies worldwide. On behalf of Microsoft, we’ve disabled dozens of botnets using a strategy hailed by Financial Times for its innovation. And we’ve won favorable rulings for Facebook in a closely watched case in which we alleged violations of the Computer Fraud and Abuse Act and the CAN-SPAM Act.

    Counseling

    Clients count on us for sophisticated and forward-looking counsel during all phases of copyright and branding assessment – from initial development and prosecution to brand protection and enforcement. We work closely with clients to determine the clearances and filings necessary to advance their business strategy. Our lawyers regularly practice before the U.S. Patent and Trademark Office, the Trademark Trial and Appeal Board, and the United States Copyright Office.

    Drawing on teams in offices around the world, we develop global trademark strategies and provide coordinated enforcement of trademark portfolios, especially in countries where trademark law is not fully developed or respected.

    We help companies manage their domain names under ICANN, from resolving disputes to dealing with squatters and rogue sites. We have extensive experience filing Uniform Domain-Name Dispute-Resolution Policy (UDRP) and federal Anticybersquatting Consumer Protection Act complaints to protect our clients’ rights in domain names.

Featured Articles

Law360 Names Orrick Top Five 2016 Litigation Powerhouse

Orrick ranks #5 nationwide on Law360’s inaugural Litigation Powerhouse list. The 2016 list ranks firms for their litigation wins and the new litigation matters they've been hired to work on in the past year, as well as the size of their practice.
Law360

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Especially strong in trademark litigation.
The Legal 500, 2015
Orrick has achieved 'considerable success in handling high-profile copyright disputes in the technology sector.'
The Legal 500, 2015

Recognition