When disputes cannot be resolved through negotiation, our lawyers are able and aggressive advocates before administrative agencies and in the courtroom. Our cases frequently involve novel legal issues presented by the intersection of new media and intellectual property law and involve coordination with economists, linguists, and experts in fields such as consumer surveys, Internet and digital technologies and business marketing. The firm is also prepared to use all available legal tools to combat cyberattacks involving the theft of intellectual property.
- Lutzker & Lutzker, in conjunction with another law firm, developed the strategy that successfully defended a client’s delivery of Internet “pop-up” ads as part of its innovative contextual marketing program. Since novel issues necessitate novel approaches, part of the litigation plan consisted of identifying and working with a Harvard Business School professor to develop expert testimony on how “pop-up” ads benefit consumers and enhance competition in the marketplace. The firm retained a nationally recognized survey expert to identify flaws in the plaintiff’s survey evidence. When courts in New York and Virginia ruled in favor of our client, the judge’s opinion adopted much of the reasoning of the firm’s brief.
- Lutzker & Lutzker represented a software company in its fight to establish that consumers may decrypt scrambled content on a lawfully acquired DVD in order to repair or make a personal backup copy of the DVD and that the company may lawfully distribute software designed to enable that activity. The firm defended the company in federal court against claims brought by two major motion picture studios under the “anti-trafficking” provisions of the qDigital Millennium Copyright Act (DMCA). The firm also submitted public comments and prepared the founder of the company to testify in the Copyright Office’s second triennial “Section 1201” rulemaking proceeding for the consideration of exemptions to the DMCA’s prohibition on circumvention of technological measures that control access to copyrighted works.
- Supervising litigation in Italy on behalf of legendary filmmaker qFred Zinnemann (High Noon, From Here to Eternity) over the wrongful colorization of The Seventh Cross. The litigation has resulted in an injunction and an award of 100,000 euros in favor of the director’s heir.
- Working with the heirs of legendary filmmaker qJohn Huston (The Maltese Falcon, The African Queen) on moral rights issues in France.
- Assisting the late film director Sydney Pollack’s claim against alteration of Three Days of the Condor in Denmark.
- Supporting director Phillip Noyce in arbitration over claim of extensive cutting of his film Thunderheart.
- Serving as co-counsel representing Sprint, the first-to-market user of the term PUSH-TO-TALK for walkie-talkie-style half duplex telecommunications services, in a genericness challenge brought by Verizon.
- Representing sculptor Kay Worden, noted for her life-size sculptures, in a dispute with a telephone company which used an unauthorized image of her famous Wave sculpture on the cover of a telephone book. Lutzker & Lutzker also instituted and settled on Ms. Worden’s behalf a lawsuit against an art and antiques distributor selling knock-off sculptures from a Southeast Asian foundry.
- Litigating and ultimately obtaining a settlement on behalf of a doctor whose name was used without his permission in advertising by a dating service franchise.
- Representing a U.S. importer of a top brand of Greek ouzo in litigation in the Second Circuit over trade dress infringement.
- Protecting Malibu brand rum against infringement by an ice cream manufacturer.
- Filing a declaratory judgment and injunctive action to ensure that a client’s new business could use a descriptive word claimed as a trademark by a third party defendant (prevailed against motion to quash service or dismiss).