Intellectual Property

Waymaker has extensive trial and appellate experience litigating trademark, copyright, trade dress, and trade secret disputes. Our deep experience representing plaintiffs and defendants helps us develop and execute successful strategies. We assist clients across many industries, including technology, medical device, entertainment, retail, food, fashion and many others.

We have made a strong mark on intellectual property law and are known for taking on and winning high-profile battles. In a series of legal lawsuits spanning from Washington D.C. to Chicago to Los Angeles, the firm defended a disruptive new media client in copyright litigation filed against it by the five major broadcast networks. In a ruling that the Hollywood Reporter referred to as a “legal earthquake,” a federal judge ruled for the first time that an Internet-based service may be able to operate as a “cable system.” An editorial in the Los Angeles Times reported that the ruling “could usher in a new generation of pay TV services online[.]” After several district courts split on the hotly contested question of whether an Internet-based service may fit the statutory definition of a cable system, we handled the subsequent appeals in the Ninth Circuit, Seventh Circuit, and D.C. Circuit. Following an intense two-hour D.C. Circuit oral argument (after which presiding Judge Merrick Garland commended Ryan Baker’s “excellent argument”), we successfully settled the expansive litigation for its client. As a result of his work on this and other cases, Ryan Baker was honored by Cablefax as one of the country’s “Top Lawyers” in media and communications.

In addition to handling matters in the courtroom, we are often asked to assist clients in developing and implementing strategies to protect their intellectual property assets. The firm is available to advise clients on best practices to protect one’s intellectual property and to fortify a client’s legal position should litigation arise. The firm is available to investigate and assist clients with enforcing their own intellectual property rights through cease and desist demands and other legal strategies.

Representative Engagements:

• IMD, et al. v. Cornell, et al.
  Currently representing the inventor of the only cosmetic penile enhancement implant in litigation against several parties alleged to have stolen trade secrets and misappropriated other intellectual property. Shortly after filing the complaint, we obtained a preliminary injunction to prevent further misappropriation of our clients’ intellectual property.

• Byton North America Corporation v. Breitfeld
  Currently representing an electric automobile pioneer, co-founder and former executive of an all-electric vehicle manufacturer in a lawsuit filed against him after he left the company. The plaintiff asserts claims for misappropriation of trade secrets, breach of fiduciary duty, intentional interference with contractual relations, and other claims. We have filed counterclaims, seeking to recover significant damages arising from the plaintiff’s breach of our client’s employment contract.

• Benay v. Warner Bros. Entertainment, Inc.
  Defended an Academy Award® winning director, an Academy Award® winning screenwriter and a major motion picture studio against a nine-figure copyright claim in federal court. Plaintiffs alleged our clients had infringed the copyright in plaintiffs’ screenplay and stolen their idea for what ultimately became an internationally acclaimed film. Plaintiffs sought more than $100 million in damages. We obtained summary judgment against all of the plaintiffs’ claims, which was affirmed in the Ninth Circuit. We subsequently obtained a complete defense jury verdict of Plaintiffs’ implied contract claim.

• Fox Television Stations, Inc. v. FilmOn X, LLC
  Won a major victory in the Central District of California in a copyright infringement case brought by the major broadcast networks against a disruptive new media client. The federal judge granted partial summary judgment in favor of our client, holding that an Internet-based service may be eligible for a statutory copyright license as a “cable system.” Hollywood Reporter  referred to the decision as a “legal earthquake” and a “landmark ruling” that “set up a high-stakes appellate showdown with the broadcast establishment.” We settled the expansive litigation for its client on favorable terms shortly after an hours-long oral argument in the D.C. Circuit. As a part of this effort, we met with several FCC Commissioners and others at the commission, advocating for regulatory change.

• Sheffield v. ABC Cable Networks Group
  Represented NAACP Image Award winner Morris Taylor “Buddy” Sheffield in a breach of contract lawsuit against defendant ABC Cable Networks Group concerning the creation of the hit television show Hannah Montana. After winning an appeal, monetary sanctions and a court order directing the defendant to produce detailed financial discovery regarding the television show, we obtained a favorable settlement less than four weeks before trial.

• Spitfire Studios, Inc., v. Spitfire Pictures LLC
  Represented a film studio against a much larger production company and its affiliates for violation of the studio’s trademark rights. After aggressively pursuing discovery and early motion practice, we negotiated a favorable confidential settlement. The studio continues to use its marks, while the defendant was required to alter its infringing marks.