Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Capabilities
    3. Practices
    4. Copyright, Trademark & Media Litigation

      Practices

    Copyright, Trademark & Media Litigation

    We provide results-driven counsel in high-stakes litigation matters involving copyright, trademark, entertainment, social media, rights of publicity, false advertising, defamation, and other business interference claims.

    /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®.

    Our Team

    See Full Team
    • Erica J. Van Loon

      Partner / Team Leader, Copyright, Trademark, & Media Litigation
      • Los Angeles
      • Office:+1 213.629.6031
      • evanloon@nixonpeabody.com
      Erica J. Van Loon
    • Ellie L. Heisler

      Partner / Team leader, Entertainment / Co-lead, Esports & Gaming
      • Los Angeles
      • Office:+1 213.629.6097
      • eheisler@nixonpeabody.com
      Ellie L. Heisler
    • Kristen Mollnow Walsh

      Partner
      • Rochester
      • Office:+1 585.263.1065
      • kwalsh@nixonpeabody.com
      Kristen Mollnow Walsh
    • David L. May

      Partner / Co-Lead, IPPG Sports & Sporting Goods Team
      • Washington DC
      • Office:+1 202.585.8220
      • dmay@nixonpeabody.com
      David L. May
    • Joshua J. Pollack

      Counsel / Co-Lead, Artificial Intelligence IP Team
      • Los Angeles
      • Office:+1 213.629.6172
        Mobile:+1 310.980.3581
      • jpollack@nixonpeabody.com
      Joshua J. Pollack
    • Alexis P. Grilli

      Counsel
      • Washington DC
      • Office:+1 202.585.8404
      • agrilli@nixonpeabody.com
      Alexis P. Grilli
    See Full Team

    Insights And Happenings

    View All
    • Alert

      Humanity a necessary condition for copyright protection

      April 30, 2025
    • Video

      A Conversation on the Corita Art Center

      Copyright, Trademark & Media Litigation
      March 21, 2025
    • Alert

      SCOTUS goes 9–0 on affiliate liability under Lanham Act

      March 6, 2025
    View All

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved