Hayden v. 2K Games, Inc. (N.D. Ohio): Won jury trial for 2K Games and its parent company in a lawsuit alleging that they committed copyright infringement by accurately depicting tattoos inked by the plaintiff on certain NBA players in their NBA 2K video game. Prior to the trial, won summary judgment dismissing four tattoos due to knowing inaccuracies in the plaintiff’s copyright registrations. At trial, the jury found after only 90 minutes of deliberation that, when LeBron James was inked, he received a license to be depicted with his tattoos and authorize their depiction as part of his likeness in media.
Teradyne, Inc. v. Astronics Test Systems, Inc. (C.D. Cal./9th Cir): Won a complete victory for Astronics Test Systems and its parent company in a patent, copyright and state law lawsuit concerning aerospace test instruments. Secured dismissal of the copyright claim on summary judgment after the district court found ATS’ copying for compatibility with pre-compiled computer programs was a fair use. The finding of fair use was affirmed on appeal.
Eli Lilly & Co. v. Premier Weight Loss of Indiana, LLC (S.D. Ind.): Representing Lilly in a trademark and false advertising lawsuit concerning PWL’s advertising of non-Lilly syringes as genuine Lilly Mounjaro and Zepbound, as well as defending Lilly against PWL’s retaliatory defamation counterclaim.
Novo Nordisk Inc. v. Eli Lilly & Co. (D.N.J.): Defending Lilly in a false advertising lawsuit brought by leading competitor concerning Lilly’s comparative advertising for its Mounjaro and Zepbound medicines.
Eli Lilly & Co. v. Compounders (D. Az./N.D. Cal./S.D. Cal./D. Col./D.D.C./M.D. Fla./D. Haw./S.D. Ind./N.D. Ohio/S.D. Ohio/S.D. Tex./W.D. Wash.): Secured permanent injunctions in multiple litigations concerning violations of the Lanham Act and state prohibitions on deceptive trade practices. The cases involve the defendants’ use of Lilly’s MOUNJARO and ZEPBOUND trademarks to market their own, non-FDA approved drugs, as well as promotion of the sale of those drugs by falsely representing them to prospective customers as having the same indicia of safety, effectiveness and quality as Lilly’s medicines.
In re Certain Prods. Containing Tirzepatide & Prods. Purporting to Contain Tirzepatide (I.T.C.): Won summary determination for Lilly and obtained issuance of a general-exclusion order, as well as multiple limited-exclusion orders and cease and desist orders, relating to trademark infringement, false designation of origin and false advertising by sellers and purported sellers of tirzepatide.
Ted Entertainment, Inc. v. AI Developer (N.D. Cal.): Defending AI developer in a Digital Millennium Copyright Act suit in which it is alleged to have circumvented YouTube’s technological protection measures to download training data.
Eaton Corp. v. Breakers Unlimited Inc. (S.D. Ind.): Represented Any Breakers LLC in a trademark infringement lawsuit concerning circuit breakers, including defeating Eaton’s injunction request.
The Carnegie Hall Corporation v. Carnegie Hospitality LLC (S.D.N.Y. and T.T.A.B.): Represented Carnegie Hall in a high-profile litigation asserting trademark infringement, trademark dilution and unfair competition claims against Carnegie Diner & Café chain that used Carnegie Hall’s trademarks, advertising materials and imagery. Won discovery disputes and ultimately negotiated settlement that protects Carnegie Hall’s trademark rights.
