Disputes

Bungie, Inc. v. Bansal, No. 2:21-cv-1111-TL (W.D. Wash.): Represented Bungie, Inc. in lawsuit against seller of cheats for Bungie’s Destiny 2 video game, alleging claims for trafficking in circumvention devices under the DMCA, contributory and vicarious copyright infringement, trademark infringement and false designation of origin under the Lanham Act, and related state law claims.

Pusheen Corp. v. Miniso Depot CA, Inc., et al., No. 2:20-cv-01400-FMO-GJS (C.D. Cal.): Represented owner of “Pusheen the Cat” and related characters in copyright infringement action against seller of unauthorized “Pusheen” plush merchandise.

cPanel, LLC v. Asli, et al., No. 3:22-cv-01963-IM (D. Or.): Represented cPanel, LLC in lawsuit against individuals located abroad who were marketing, distributing, and selling unauthorized copies of cPanel’s software that circumvented cPanel’s licensing structure, alleging claims for copyright infringement, trafficking in circumvention devices under the DMCA, trademark infringement and counterfeiting, and cybersquatting under the ACPA.

craigslist, Inc. v. 3Taps, Inc., et al., No. 3:12-cv-03816-CRB (N.D. Cal.): Represented apartment mapping website in lawsuit brought by craigslist alleging copyright, trademark, and related claims.

Direct Source Seafood LLC v. Aqua Star (USA) Corp., No. 2:16-cv-00407-RSL (W.D. Wash.): Represented Washington-based seafood importer and wholesaler in trademark infringement lawsuit against supplier of seafood.

Appliance Recycling Centers of Am., Inc., et al. v. JACO Envtl., Inc., No. 8:04-cv-01371-AHS-VBK (C.D. Cal.) & No. 09-55168 (9th Cir.): Represented utility appliance recycling company in lawsuit brought by competitor alleging claims for false advertising that involved the higher burden of proof for false advertising claims based on allegations of patent infringement.

1st Tech. LLC v. Bodog Etm’t Group S.A., et al., No. 2:08-cv-00872-JCC (W.D. Wash.): Precedent-setting dispute involving rights of a creditor to collect against domain names and trademarks.

Uniform Domain Name Dispute Resolution Policy (“UDRP”) Proceedings, including: Bay Bread LLC d/b/a La Boulange v. Mirzoyan, No. D2015-1040; Omegle.com LLC v. Aleksandrovich, No. DTV2015-0005; Pusheen Corp. v. Starpony (HK) Ltd., et al., No. D2022-3872 (also successfully negotiated abandonment of trademark registration applications in related USPTO Trademark Trial and Appeal Board opposition proceeding); and numerous others for well-known brands based in Seattle.

Trademark Opposition and Cancellation Proceedings before the USPTO Trademark Trial and Appeal Board, including: Omegle.com LLC v. Bad Kitty’s Dad, LDA, Opposition No. 91249511; SureFlap Ltd. v. Shanghai cangfeng dianzi shangwu youxian gongsi, Cancellation No. 92087737; Viker Manufacture Co. Ltd. v. Li, Opposition No. 91187766.

Brand Enforcement: Routinely assist clients with brand enforcement online, including cease and desist letters, platform takedowns, monitoring for infringements, investigations, and more.

Garcia v. Google, Inc., et al., No. 12-57302 (9th Cir.): Filed amicus brief discussing how copyright can be used to take down content as a workaround to Section 230 immunity and the implications of permitting such a workaround in the context of Section 230.

Obado v. Magedson, et al., No. 3:13-cv-02382-JAR-TJB (D. N.J.) & No. 14-3584 (3d Cir.): Represented online service provider in lawsuit alleging defamation based on third-party content.

M.H. et al. v. Omegle.com LLC, No. 8:21-cv-00814-VMC-TGW (M.D. Fla.) & No. 22-10338 (11th Cir.): Represented online random chat platform in lawsuit addressing the scope of Section 230 immunity.

Kimzey v. Yelp Inc., No. C13-1734RAJ (W.D. Wash.): Represented online service provider in lawsuit alleging defamation based on content submitted by third party.

Amazon.com, Inc. v. Farrell, No. 17-2-15056-8-SEA (KCSC): Represented former Amazon employee in lawsuit brought by Amazon alleging breach of a non-compete agreement.

Represented former employee of large biotechnology company in lawsuit alleging claims for purported misappropriation of trade secrets.

Loo, et al. v. Hamerslag, et al., No. 22-2-04800-0 SEA (KCSC): Represented founder and CEO of tech company in lawsuit alleging various claims relating to the company’s acquisition of an unprofitable company.

Raner v. The Fun Pimps Entm’t LLC, et al., No. 3:22-cv-05718-TMC (W.D. Wash.): Represented video game designer and technical artist in royalty and compensation dispute involving highly successful “7 Days to Die” video game.

Polk v. Gontmakher, et al., No. 2:18-cv-01434-RAJ (W.D. Wash.): Represented client in successful defense against claims that plaintiff was entitled to equity in and/or profits from a licensed cannabis growing and processing business in Washington.

MightyKidz Upper Queen Anne LLC, et al. v. Bright Horizons Children’s Centers LLC, No. 22-2-20882-1 SEA (KCSC): Represented sellers of childcare centers in dispute against purchaser arising from noncompete provisions in sale documents and purchaser’s right of last refusal, failure to make benchmark payments to sellers, and escrow holdback.

General business/commercial disputes, including: representation of key sponsor of major music festival in arbitration involving breach of contract claim; representation of franchisee in dispute with franchisor arising from misrepresentation of franchise opportunity; representation of clients in partnership, joint venture, and co-founder disputes; representation of clients in vendor/service provider disputes; representation of clients in collection matters; representation of landlords and tenants in disputes involving commercial leases; and numerous other matters.

Morici v. HashFast Techs. LLC, No. 5:14-cv-00087-EJD (N.D. Cal.): Represented purchaser alleging that sellers of Bitcoin mining equipment engaged in misleading trade practices.

Creditor’s rights/unfair trade practices disputes, including: representation of lender in breach of contract dispute against debtor involving appointment of receiver; representation of clients in adversary proceedings in bankruptcy court involving preference claims; and representation of real estate agent and broker and luxury custom builder in arbitrations involving alleged violations of Oregon’s Unlawful Trade Practices Act.

Seattle Mideast Awareness Campaign v. King County, Nos. 11-35914, 11-35931 (9th Cir.): First Amendment case involving King County’s rejection of bus ad based on public controversy surrounding the ad.

Rickert v. Public Disclosure Comm’n, et al., No. 77769-1 (Wash.): First Amendment case involving free speech rights of political candidates. Washington Supreme Court issued a favorable decision on behalf of client and struck down Washington’s false political advertising statute.

Carreon v. Inman, et al., No. 3:12-cv-03112-EMC (N.D. Cal.): Bizarre dispute that began with a demand letter to The Oatmeal from FunnyJunk. FunnyJunk’s attorney later asserted claims against The Oatmeal (and Indiegogo, the National Wildlife Federation, and the American Cancer Society) and unsuccessfully attempted to derail the “BearLove Good Cancer Bad” fundraiser. Media coverage of the dispute: TechCrunch; Gawker; Ars Technica; Boing Boing.

Privacy Disputes: Represented clients in responding to demand letters and in arbitration proceedings and lawsuits alleging claims under state and federal privacy laws, including California’s Invasion of Privacy Act and Trap and Trace Law.

Nasser v. WhitePages, Inc., No. 5:12-cv-00097-MFU (W.D. Va.): Represented online directory service in lawsuit alleging defamation and invasion of privacy claims based on alleged mistaken listing of telephone number. 

Amazon.com LLC v. Lay, C10-664 MJP (W.D. Wash.): First Amendment and privacy case involving North Carolina’s attempts to obtain customer purchase information. Case resolved after the court granted the request for an injunction on behalf of Amazon and the customers.