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 Music Entertainment v. Cox
Representing Universal Music Group, Sony Music, Warner Music, Universal Music Publishing Group, Sony/ATV, and Warner Chappell in a copyright litigation against Cox Communications. Obtained a $1 billion jury verdict based on Cox’s contributory and vicarious infringement of over 10,000 copyrights. This verdict was reported as the 5th largest jury verdict in the United States in 2019. Cox failed on its post-trial motions and the case is on appeal. (Eastern District of Virginia; Fourth Circuit)
-
UMG Recordings v. Frontier Communications
Representing Universal Music Group, Sony Music, Warner Records, and
ABKCO in a copyright litigation against Frontier Communications, alleging it turned a blind eye to its subscribers’ repeated nfringement. (Southern District of New York)
-
Big Machine Music v. Shenzhen Qutui Tech. Co. (Vinkle)
Representing multiple music publishers alleging copyright infringement by the music video-making app, Vinkle, for the unauthorized use of dozens of songs upon which the Vinkle app is built. (Northern District of California)
-
Pearson v. Chegg
Representing Pearson in a copyright litigation against Chegg, a technology company that systematically prepares and sells answer sets to textbook questions. (District of New Jersey)
-
Sony Music v. Triller
Representing Sony Music in a copyright and contract action against Triller, a social media and music video app, for its unauthorized use of Sony Music’s copyrighted sound recordings. (Southern District of New York)
-
Hachette v. Internet Archive
Representing four major book publishers, Hachette, HarperCollins, Penguin Random House, and Wiley, in a copyright litigation against Internet Archive over its mass scanning of print books and online distribution of the resulting digital copies. (Southern District of New York)
-
American Chemical Society v. ResearchGate
Representing the American Chemical Society and Elsevier in a copyright
litigation involving infringement claims against ResearchGate, an online social network and file sharing/download service operated from Europe, based on its unauthorized copying and distribution of peer reviewed published journal articles. (District of Maryland)
-
UMG Recordings v. Kurbanov
Representing Universal Music Group, Sony Music, and Warner Music in an
action against the owners and operators of the websites www.FLVTO.biz and www.2conv.com, two of the most popular “stream-ripping” services in the world, involving claims of copyright infringement and anti-circumvention. (Eastern District of Virginia)
-
AAP v. Frosh
Obtained a preliminary injunction and a declaratory judgment for the U.S. publishing industry against the Maryland Attorney General, establishing that a state statute that forced publishers to license their literary works in eBook format to public libraries is invalid and unconstitutional because of federal preemption. (District of Maryland)
-
Bedford Freeman & Worth v. Shopify
Represented Cengage, Elsevier, Macmillan Learning, McGraw Hill, and
Pearson in litigating claims of contributory and vicarious copyright
infringement and contributory trademark infringement against Shopify, an e-Commerce platform, for helping known online infringers to sell pirated copies of eBooks and related teaching and testing materials. (Eastern District
of Virginia)
-
Higher Education Publishers’ Anti-Counterfeiting Enforcement
Successfully litigated numerous lawsuits on behalf of the nation’s leading educational publishers 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.
-
Higher Education Publishers’ Online Anti-Piracy Enforcement
Successful litigation and non-litigation enforcement representing the
nation’s leading educational publishers against hundreds of pirate websites, storefronts, or other illicit online sellers, obtaining millions of dollars of judgments, TROs and injunctions, and seizure of domain names and financials assets.
-
Warner Records v. Charter Communications
Represented Universal Music Group, Sony Music, Warner Music, Universal
Music Publishing Group, Sony/ATV, and Warner Chappell in a copyright
litigation against Charter Communications, alleging it turned a blind eye to its subscribers’ repeated infringement. (District of Colorado)
-
UMG Recordings v. Bright House Networks
Represented Universal Music Group, Sony Music, Warner Music, Universal
Music Publishing Group, Sony/ATV, and Warner Chappell in a copyright
litigation against Bright House Networks, alleging it turned a blind eye to its subscribers’ repeated infringement. (Middle District of Florida)
-
Cengage v. Book Dog Books
Successful litigation against a U.S. commercial distributor for willful
trademark and copyright infringement, resulting in $34.2 million jury verdict, a fee award, and a permanent injunction against any further infringement. Represented Cengage, McGraw-Hill Education, Pearson, and John Wiley & Sons. (Southern District of New York)
-
Pearson v. Boundless Learning
Successfully litigated a copyright and Lanham Act case against an online business 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. (Southern District of New York)
-
Bedford Freeman & Worth v. Does 1-30
Copyright and trademark litigation for Cengage Learning, Elsevier, Macmillan Learning, McGraw-Hill Global Education, and Pearson against anonymous websites selling infringing copies of eBooks through Google Shopping, with successful applications for TROs and preliminary injunctions, extensive expedited discovery, and freezing of bank accounts and other assets. (Southern District of New York)
-
John Wiley & Sons v. Rivadeneyra
Successfully litigated against an international network of fraudulent
companies created to illegally purchase and distribute gray market goods. Represented John Wiley & Sons, Inc., Cengage Learning, McGraw-Hill Education, and Pearson. (District of New Jersey)
-
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.
-
CoStar Group Theft of Service Cases
Successfully litigated cases arising from the misuse of online subscription services, obtaining injunctive relief, damages, and settlements. Represented CoStar Group. (District of Maryland)
-
HTC v. Universal Music Enterprises
Successfully represented Universal Music Group, as a third-party defendant, in litigation over the use of Nina Simone recordings in a major advertising campaign. (Southern District of New York)
-
Cengage v. Morena for International Trading
Successful copyright and trademark litigation against an international
counterfeiting ring, resulting in a $28 million default judgment, permanent injunction, and coordinated international judgment enforcement effort. Represented Pearson, Cengage, Macmillan Learning, and McGraw Hill. (Northern District of Illinois)
-
Photography Litigation
Represented clients in different industries in defense of infringement
claims involving alleged unauthorized reproduction and distribution of
photographs.
-
Hoops v. SIIA
Successfully defended against state law tort claims based on an allegedly improper takedown notice sent to an online marketplace. Represented the Software & Information Industry Association. (Eastern District of Tennessee)
-
John Wiley & Sons v. Kirtsaeng
Successfully defeated a multi-million-dollar attorney fee petition following a negative Supreme Court ruling. Represented John Wiley & Sons. (Southern District of New York)
Our Attorneys' Prior Experience
Our attorneys also have extensive experience prior to joining O+Z. See here for more information.