Intellectual Property

GMSR’s appellate lawyers are well acquainted with the issues surrounding copyrights, trademarks, trade secrets, and the right of publicity.  GMSR handles appeals both for intellectual property owners protecting their rights and for defendants alleged to have violated the rights of another. The firm has also helped make important case law on standing and burdens of proof in the intellectual property arena, as well as on substantive matters.

Eleanor Licensing LLC v. Classic Recreations LLC (2018) 21 Cal.App.5th 599

The clients had licensed their rights to produce replicas of Eleanor, the car that played a starring role in Gone in 60 Seconds, to the defendants.  In return for the license, the defendants gave the clients, among other things, the first licensed replica they built. 

In a published decision, the Court of Appeal affirms GMSR’s clients’ rights to Eleanor, the star car character of the Gone in 60 Seconds films.

The clients had licensed their rights to produce replicas of Eleanor, the car that played a starring role in Gone in 60 Seconds, to the defendants.  In return for the license, the defendants gave the clients, among other things, the first licensed replica they built. 

Jules Jordan Video, Inc. v. 144942 Canada Inc. (9th Cir. 2010) 617 F.3d 1146

Copyright infringement; work-for-hire doctrine

Ninth Circuit clarifies the scope of the work-for-hire doctrine and reinstates a multimillion-dollar copyright judgment for GMSR’s client

Jules Jordan Video, Inc. v. 144942 Canada Inc., et al. (9th Cir. 2010) 617 F.3d 1146 (United States Court of Appeals for the Ninth Circuit) [published]. In a published opinion, the Ninth Circuit Court of Appeals reinstated a $2.6 million judgment for GMSR’s client in

Jasmine Networks, Inc. v. Superior Court (2009) 180 Cal.App.4th 980

Former trade secrets owner had standing to assert trade secret misappropriation claim

Halicki Films, LLC v. Sanderson Sales and Marketing (9th Cir. 2008) 547 F.3d 1213

GMSR’s clients owned the copyrights to and trademarks associated with the classic 1974 film, “Gone in 60 Seconds” and its iconic car character, “Eleanor.” In 2000, Disney (through an agreement with GMSR’s clients) released a blockbuster remake of the film under the same name, reprising

HLC Props. v. MCA Records, 2008 Cal.App. Unpub. LEXIS 3993

GMSR’s clients, the heirs of legendary performer Bing Crosby, sued MCA Records for unpaid royalties. Because it concluded that the claims were equitable in nature, the trial court held a bench trial, the result of which was a complete defense verdict. GMSR challenged the judgment

Electronic Waveform v. RJS Industries, Inc. (9th Cir. 2006, 05-56338)

Trademark infringement and passing off

Sargent Fletcher, Inc. v. Able Corp. (2003) 110 Cal.App.4th 1658

Burden of proof on issue of independent development in trade secrets case

Dorsey v. Kranzdorf (2003, 03-56111)

Trademark infringement – bootlegging, publicity (settled before decision)

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PUBLIC ENTITIES

Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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BUSINESSES

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