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 for Universal Music Group, Sony Music, Warner Music, Universal Music Publishing Group, Sony/ATV, and Warner Chappell against Cox Communications, based on its contributory and vicarious infringement of over 10,000 copyrights. This verdict was reportedly the 5th largest jury verdict in the United States in 2019. (Eastern District of Virginia)
Cengage v. Book Dog Books
Obtained a $34.2 million jury verdict 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. (Southern District of New York)
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 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. (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 Cengage Learning, McGraw-Hill Education, and Pearson. (District of New Jersey)
John Wiley & Sons v. Golden
Successfully litigated a copyright and trademark action arising from the sale of material diverted from destruction at recycler and then refurbished. Represented Pearson and Wiley. (District of New Jersey)
CoStar Group Anti-Piracy Enforcement
Successfully litigated several cases arising from the misuse of online subscription services, obtaining injunctive relief, damages, and settlements. Represented CoStar Group. (District of Maryland)
Bedford Freeman & Worth v. Does 1-30
Copyright litigation for Cengage Learning, Elsevier, Macmillan Learning, McGraw-Hill Global Education, and Pearson against anonymous websites selling infringing copies of eBooks through Google Shopping. (Southern District of New York)
American Chemical Society v. ResearchGate
Copyright litigation 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. (District of Maryland)
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, alleging it turned a blind eye to its subscribers’ repeated infringement. (District of Colorado)
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, alleging it turned a blind eye to its subscribers’ repeated infringement. (Middle District of Florida)
Anti-Counterfeit Best Practices
Developed and obtained widespread adoption of industry best practices against counterfeiting. Represented the nation’s leading educational publishers.
Higher Education Publishers’ Online Anti-Counterfeiting 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 over the use of Nina Simone recordings in a major advertising campaign. (Southern District of New York)
Sony Music v. Screenplay
Successfully represented Sony Music Entertainment in copyright litigation against an aggregator of music videos. (Southern District of New York)
Warner Music v. Scorpio Music
Successfully represented Warner Music Group in litigation against a commercial distributor concerning music albums by band Black Sabbath. (Southern District of New York)
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 against major video game company. (Southern District of New York)
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)
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)
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. (Southern District of New York)
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.