Our Practice Areas

  • Anti-piracy
  • Anti-counterfeiting
  • Brand protection
  • Content protection
  • Contract, licensing and royalty disputes
  • Copyright
  • DMCA safe-harbors, notices, and subpoenas
  • Fraud and theft protection
  • Gray market goods
  • Off-shore and anonymous infringers
  • Trademark
  • Unfair competition

In an ever-evolving marketplace, we regularly navigate application of the law to emerging technologies as well as shifting business models and consumer behavior. And while we prefer to help our clients avoid the courtroom, we have deep experience in successfully litigating and trying cases.

Key O+Z matters and achievements

  • Sony v. Cox
    Obtained a $1 billion jury verdict (Eastern District of Virginia) against Cox Communications for contributory and vicarious infringement of over 10,000 copyrights. This verdict is reportedly the 5th largest jury verdict in the United States in 2019. Represented the major record labels (Universal Music Group, Sony Music, Warner Music) and music publishers (Universal Music Publishing Group, Sony/ATV, and Warner Chappell).
  • Cengage v. Book Dog Books
    Obtained a $34.2 million jury verdict (Southern District of New York) against a U.S. commercial distributor for willful trademark and infringement, along with a fee award and a permanent injunction against any further infringement. This trial was fundamental to the publishing industry’s fight to ensure distributors adequately safeguard against counterfeits. Represented Cengage Learning, McGraw-Hill Education, Pearson, and John Wiley & Sons.
  • Higher Education Publishers’ Online Anti-Piracy Enforcement
    Successfully litigated against hundreds of pirate websites, storefronts, or other illicit online sellers, obtaining millions of dollars of judgments, injunctions, and seizure of domain names and other assets. Represented different combinations of the nation’s leading educational publishers.
  • Pearson v. Boundless Learning
    Successfully litigated a copyright and Lanham Act case (Southern District of New York) against a technology company for developing and marketing versions of our clients’ leading products. The resolution included a judgment and injunctive relief with damages payments, destruction of offending items, and additional copyright and brand protection. Represented Pearson, Cengage, and Macmillan Learning.
  • John Wiley & Sons v. Rivadeneyra
    Successfully litigated (District of New Jersey) against an international network of fraudulent companies created to illegally purchase and distribute gray market goods. Represented Cengage Learning, McGraw-Hill Education, and Pearson.
  • John Wiley & Sons v. Golden
    Successfully litigated a copyright and trademark action (District of New Jersey) arising from the sale of material diverted from destruction at recycler and then refurbished. Represented Pearson and Wiley.
  • CoStar Group Anti-Piracy Enforcement
    Successfully litigated (District of Maryland) several cases arising from the misuse of online subscription services, obtaining injunctive relief, damages, and settlements. Represented CoStar Group.
  • Bedford Freeman & Worth v. Does 1-30
    Copyright litigation (Southern District of New York) for Cengage Learning, Elsevier, Macmillan Learning, McGraw-Hill Global Education, and Pearson against anonymous websites selling infringing copies of eBooks through Google Shopping.
  • American Chemical Society v. ResearchGate
    Copyright litigation (District of Maryland) for the American Chemical Society and Elsevier involving infringement claims against ResearchGate, an online social network and file sharing/download service geared to scientists and researchers.
  • Warner Records v. Charter Communications
    Copyright litigation for the major record labels (UMG, Sony Music, Warner Music) and music publishers (UMPG, Sony/ATV, and Warner Chappell) against Charter Communications (District of Colorado), alleging it turned a blind eye to its subscribers’ repeated infringement.
  • UMG Recordings v. Bright House Networks
    Copyright litigation for the major record labels (UMG, Sony Music, Warner Music) and music publishers (UMPG, Sony/ATV, and Warner Chappell) against Bright House Networks (Middle District of Florida), alleging it turned a blind eye to its subscribers’ repeated infringement.
  • Anti-Counterfeit Best Practices
    Developed and obtained widespread adoption of industry best practices against counterfeiting. Represented the nation’s leading educational publishers. See www.stopcounterfeitbooks.com.
  • Higher Education Publishers’ Online Anti-Piracy Enforcement
    Successfully brought dozens of lawsuits in courts throughout the country against commercial suppliers and sellers of counterfeits. Venues have included federal district courts in Arkansas, California, Florida, Illinois, Kentucky, Massachusetts, Missouri, Nevada, New Jersey, New York, Ohio, and Pennsylvania. Represented different combinations of the nation’s leading educational publishers.
  • HTC v. Universal Music Enterprises
    Successfully represented Universal Music Group in litigation (Southern District of New York) over the use of Nina Simone recordings in a major advertising campaign.
  • Sony Music v. Screenplay
    Successfully represented Sony Music Entertainment in copyright litigation (Southern District of New York) against an aggregator of music videos.
  • Warner Music v. Scorpio Music
    Successfully represented Warner Music Group in litigation (Southern District of New York) against a commercial distributor concerning music albums by band Black Sabbath.
  • Atlantic v. Konami
    Successfully represented Atlantic Recording Corporation, Bad Boy Records, LLC, Elektra Entertainment Group Inc., Warner Bros. Records Inc., and Warner Music Group Corp. in copyright litigation (Southern District of New York) against major video game company.
  • John Wiley & Sons v. Kirtsaeng
    Successfully defeated a multi-million-dollar attorney fee petition (Southern District of New York) following a negative Supreme Court ruling. Represented John Wiley & Sons.
  • Hoops v. SIIA
    Successfully defended against state law tort claims (Eastern District of Tennessee) based on an allegedly improper takedown notice sent to an online marketplace. Represented the Software & Information Industry Association.
  • Cengage v. Follett
    Successfully represented Cengage Learning, McGraw-Hill Global Education, and Pearson in litigation against one of the largest book distributors in the country.
  • Represented clients in different industries in defense of pre-litigation and litigation claims regarding alleged infringement of copyrights in photographs and software.

Our Attorneys' Prior Experience

Our attorneys also have extensive experience prior to joining O+Z. See here for more information.