Trademarks & Copyrights



We help clients strategically drive their business forward by developing, protecting, and monetizing distinctive brands.

Our approach

Companies are increasingly focused on protecting their marks and copyrights. With the rise of social media, companies are more motivated than ever to safeguard their marks and defend their brands.

We are one of the most active trademark firms in the United States with many thousands of marks under management, and we’re vigilant about monitoring and protecting our clients’ brands. And because we know that one size doesn’t fit all, we adapt our services to the needs, budget, and strategy of any business.

While we provide top-notch prosecution, enforcement, and litigation services, clients most value our strategic approach to managing, growing, and protecting their brands. Working shoulder to shoulder with our clients, we ensure that successful brand management and global enforcement programs are in place before any marks are launched. And we also help clients secure protection for copyright-eligible work and devise innovative methods for protecting and enforcing their copyrighted works in a digital world.

Our team foresees issues and provides forward-thinking advice designed to prevent disputes. Of course, if the need for litigation arises, we get into the trenches with our clients and vigorously represent their interests regardless of the forum or jurisdiction.

Who we work with

  • Early stage businesses that need help launching a brand
  • Established companies that need help managing and protecting their brands
  • Innovators and artists seeking to protect their creative works
  • Companies at all stages of development looking to develop cost-effective brand strategies

Representative Trademark Protection and Enforcement Matters

  • Developed and executed a global trademark protection and enforcement strategy, in addition to “scrubbing” the Internet of websites and individuals selling knock-off goods, on behalf of a high-end jewelry company.
  • Developed a worldwide brand management and protection strategy on behalf of one of the most famous golf courses in the world and successfully concluded over 20 enforcement matters against unauthorized users of its marks – including actions in the United States, European Union, Australia, Japan, South Korea, and before the World Intellectual Property Office.
  • Represent a legendary U.S. golf resort in a variety of trademark matters and developed and executed a strategy to protect the design configuration of one of the resort’s famous golf holes.
  • Manage the registration and protection of global marks for a large national restaurant franchise.
  • Manage an ongoing enforcement campaign to protect the trademarks of a well-known communications and marketing company.
  • Handle UDRP proceedings on behalf of a large real estate investment and advisory firm at the World Intellectual Property Organization related to the transfer of domain names incorporating our client’s trademark.

Representative Trademark Litigation Matters

  • Rebellion Developments Limited et al v. Stardock Entertainment, Inc., et al. (E.D. Mich.) Represented Ironclad Games Corporation and Stardock Entertainment, Inc. in a trademark infringement matter related to the REBELLION mark. Successfully employed a rarely used First Amendment defense to secure an important victory for our clients.
  • Shamballa Jewels ApS v. MallRat Junkie and Marc Mortman (S.D. Fla.) Resolved a trademark infringement action on behalf of Shamballa resulting in a stipulated permanent injunction.
  • Ford Motor Company v. O’Brien Parts, Inc., d/b/a Shamrock Parts, and Richard P. O’Brien, Jr. (D. Mass.) Obtained an ex parte seizure order of counterfeit goods resulting in an entry of a stipulated permanent injunction on behalf of plaintiff.
  • Brown v. It’s Entertainment, Inc. (E.D.N.Y.) Represented Marc Brown, creator of the “Arthur” literary and television character, in a trademark infringement action. Obtained injunction against infringer.

Representative Copyright Protection and Enforcement Matters

  • Handled copyright protection matters on behalf of leading manufacturer of cribs and children’s furniture.
  • Counseled a high-end jewelry company regarding copyrightability of jewelry designs and secured copyrights for same.
  • Assisted a well-known restaurant franchise in protecting its copyrights.
  • Currently devising and executing a copyright protection strategy on behalf of a golf-simulation company.

Representative Copyright Litigation Matters

  • Biscotti, Inc. v. Target Corporation (N.D. Cal.) Represented Biscotti in a copyright infringement suit involving the design on fabric used to make children's swim wear. Case settled.
  • Channel Fish Processing Co., Inc. v. JOM, LLC (D. Mass.) Represented seafood distributor in matter involving copyright infringement, trade dress infringement, and unfair competition related to frozen fish and seafood packaging. Moved for preliminary injunction and the case settled.
  • Wolk v. Kodak Imaging Network, Inc., et al. (S.D.N.Y.) Achieved a summary judgment victory for our clients, Kodak Imaging Network, Inc. and Eastman Kodak Co. in copyright infringement matter. Currently representing the defendants on appeal.
  • Pinnacle Pizza Co. v. Little Caesar Enterprises (D.S.D.) Obtained summary judgment in favor of pizza franchisor Little Caesar Enterprises, Inc. in a copyright and trademark infringement dispute. Successfully represented Little Caesar Enterprises on appeal affirming the district court's decision.

The Wild West of Record Deals: With Industry in Flux, Labels and Artists Shake Things Up

Billboard | June 22, 2017

Los Angeles IP counseling and transactions partner Julian Petty is quoted in this article on the changing economics of the music industry for his thought leadership in the recent surge in new signings. Click here to read the full article.

Jay-Z brings new Sprint-endorsed album '4:44' to Tidal and reignites debate over exclusivity

The Los Angeles Times | June 19, 2017

Los Angeles IP counseling and transactions partner Julian Petty is quoted in this article about rapper Jay-Z’s newest album that will be released exclusively through the streaming service Tidal, which he co-owns. Click here to read the full article.

10 Questions: For rap and hip-hop artists, LA lawyer Julian Petty represents

ABA Journal | April 01, 2017

This Q&A with Los Angeles IP counseling and transactions partner Julian Petty highlights his notable clients, his work and how he got a start in entertainment law. Click here to read the full article.

5 keys to high court’s cheerleader uniform ruling

Law360 | March 22, 2017

Los Angeles IP counseling and transactions partner and fashion practice leader Staci Riordan is quoted in this article about the U.S. Supreme Court’s recent 6-2 decision regarding copyright law and decorative elements on cheerleading uniforms.

When starting a business, consider the liabilities

The New York Times | November 17, 2016

Long Island Health Care partner Allan Cohen is quoted in this article about legal challenges entrepreneurs can face when starting a business. Allan’s comments focus on areas start-ups should keep in mind such as patent, ownership and copyright issues, and what companies should consider to avoid being sued.

Notorious B.I.G. estate gets copyright infringement lawsuit tossed

Reuters | December 23, 2015

Nixon Peabody is mentioned in this feature article for our representation of Warner Music Group, EMI Music Publishing, Big Poppa Music, Bad Boy Records and the estate of The Notorious BIG. Our team—led by partners Staci Riordan and Julian Petty—won a dismissal of copyright infringement claims involving BIG’s 1994 debut album. Associates Neal Gauger and Seth Berman were part of the legal team. Click here to read the full article.

Are Patent Trolls Taking Over the Fashion Industry?

Fortune | October 07, 2015

Partner and leader of the firm’s fashion team Staci Riordan provides commentary in this feature story discussing how the fashion industry—especially textile companies—are dealing with copyright infringement lawsuits.

Novelty Textile Wins Major Case Over Fabric Design Copyright

California Apparel News | November 26, 2014

Los Angeles IP Counseling & Transactions partner Staci Jennifer Riordan provides commentary in this article on fashion copyright infringement.

Nixon Peabody Nabs Fox Rothschild's Fashion Law Head

Law360 | October 07, 2014

This feature story highlights the arrival of Los Angeles IP Counseling & Transactions partners Staci Jennifer Riordan and Julian Petty. The coverage notes that Staci Jennifer will lead our fashion law team after having spearheaded Fox’s group and Julian will focus his practice on providing strategic career and business guidance to clients in the music, TV, film, new media and book publishing industries.

Optics firm taking Chinese manufacturers to task

Democrat & Chronicle | September 18, 2014

Rochester IP Counseling & Transactions partner Kristen Walsh is quoted in this article on IP issues for U.S. companies operating, or considering starting operations, in China.

Antique Car Dealer Taking the Low Road by Infringing Songs, Suit Says

Westlaw Journal | September 08, 2014

This coverage highlights Freeplay Music Inc. v. Streetside Classics—a lawsuit over alleged use of copyrighted songs. Partner and leader of the IP Litigation practice Jason Kravitz and Long Island Commercial Litigation associate Seth Berman are noted as plaintiffs’ counsel.

Contacts

Jeffrey L. Costellia

Partner
Practice Group Leader, IP Counseling & Transactions

jcostellia@nixonpeabody.com

Phone: 202-585-8207

Jason C. Kravitz

Partner
Practice Group Leader, IP Litigation

jkravitz@nixonpeabody.com

Phone: 617-345-1318

  • Recommended for trademark prosecution and strategy and for trademark litigation and enforcement by World Trademark Review 1000
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