Representative cases of Anthony M. Keats

NeXxus Shampoo Company v. Aroni Snyder et al. (Fed.Dist.Ct.C.D.CA)

Represented the personal care products company in this and approximately 100 civil litigation matters related to the counterfeiting and trafficking of hair care products throughout the United States under the first US anti-counterfeiting statute. Supported contemporaneous US prosecutors’ investigation and prosecution of Mr. Snyder for which he was imprisoned.

Major League Baseball Properties v. John Does I-100 (Battle of the Bay)

Represented the Commisioner’s Office for Major League Baseball in obtaining temporary restraining and seizure orders for San Francisco and Oakland baseball venues during the leagues conference playoff’s and World Series which took place prior to the devastating Loma Prieta earthquake.

World Cup USA ’94 Organizing Committee v. Umbro et al. (N.D. Illinois)

Represented the US organizing committee in the protection of their trademarked logo and rights to the mark World Cup USA in numerous matters including the use of an infringing mark by an Italian apparel manufacturer. The Organizing Committee was able to enjoin the infringing use by the apparel maker.

Carl Sagan v. Apple, Inc. (Fed.Dist.Ct. N.D.CA)

Represented the computer company in a Right of Publicity dispute over use of the term "Sagan" for an internal company work project. The matter was settled. Represented Apple in a similar matter brought by Bob Dylan for use of the term “Dylan” for an internal company work project.

Polo Ralph Lauren v. Charly Hagege( Fed.Dist Ct. C.D. CA)

Thirteen year investigation and litigation matter involving multinational manufacturing and trafficking in counterfeit Ralph Lauren apparel involving $14 million in ill-gotten revenue from the trafficking. Manufacturing of the counterfeit apparel was in the US and the goods were being shipped for sale to Japan. The matter proceeded to trial during which the defendant agreed to the payment of a settlement which he later failed to pay. He also filed several times for bankruptcy protection. Having determined that the defendant had been sheltering his illegal revenue in European and Israeli bank accounts the federal court issued an asset freeze which the defendant ignored. He was found in contempt of court and was given a jail sentence for civil contempt.

Thereafter, the US Dept. of Justice prosecuted the defendant for bankruptcy fraud for which he was tried and convicted and served a prison sentence.

Time Warner Entertainment Company L.P. et al. v. KJ et al.

Los Angeles’s Santee Alley and New York’s Canal Street districts are notorious centers for the sale of counterfeit merchandise. The itinerant nature of the businesses in these districts, and these businesses’ cooperative efforts to thwart efforts of law enforcement, traditional methods of enforcement did not deter their illicit activities. On behalf of our client we sought joint renewable seizure orders for multiple brands. A district court temporary restraining order and seizure order was executed by the U.S.Marshals against 20 defendants in the Santee district, resulting the seizure of thousands of units of counterfeit merchandise, along with artwork, silkscreens and machinery used. Later, after demonstrating to the Court that Santee Alley retailers were again engaged in the sale of counterfeit goods, the court renewed the seizure orders. Pursuant to the issuance of this unique form of relief, U.S. Marshals again seized thousands of additional items of counterfeit merchandise from over 20 vendors and retailers during these supplemental actions.

Time Warner Entertainment Company L.P. v. Does 1-1000

Represented Warner Bros. to remover counterfeit Looney Tunes products from retail sales areas around the country to support the holiday sales performance of Warner Bros.’ licensees and retailers. We sought and obtained a multidistrict temporary restraining order and seizure and impoundment order, which was executed under our attorneys’ supervision by U.S. Marshals and local law enforcement agencies in California, Colorado, Florida, Illinois, Maryland, New Jersey, New York, Pennsylvania, Texas, and Washington, D.C. The Court granted our client unprecedented relief allowing simultaneous and repetitive seizures across multi-districts (precedent cases dealt with successive seizures around venues during a single artist’s concert tour).

Time Warner Entertainment Company et al. v. Golden Touch Inc. et al.

Filed complaints and applications for temporary restraining orders and seizure orders against various retailers, wholesalers, and importers fo counterfeit goods in Los Angeles on behalf of our clients. The court granted the orders, and the seizure orders were executed simultaneously by U.S. Marshals at over 30 locations in and around the toy district in downtown Los Angeles. As a result of the seizure, over 150,000 counterfeit toys and novelty items were seized on behalf of the plaintiffs. Among the defendants was a large-scale counterfeiter, which had violated an existing permanent injunction entered against it in a previous litigation. Upon filing a motion for contempt, the court granted our motion and issued a $3.6 million damages award.

DC Comics; Time Warner;Disney Enterprises, Inc.; and Nike, Inc. v. Steven Koh

Represented DC Comics in this copyright infringement case filedagainstan a swap meet owner and its vendors based on the the sale of counterfeit and infringing merchandise on the swap meet’s premises. Relying on the landmark Fonovisa v. Cherry Auction decision, the action against the swap meet owner was based on contributory and vicarious copyright infringement and contributory trademark infringement. We successfully resolved this matter with the swap meet owners adopting a three-strikes policy wherein they agreed to evict any tenance who had sold or offerened for sale infringing merchandise af the the third such occasion.

Time Warner Entertainment Co., L.P. v. B.C.P. Toys, Inc. 2000 U.S. App. LEXIS 4989 (9th Cir.)

Louis Vuitton Malletier S.A. v. Ralphs Grocery et al.

Represented Louis Vuitton in an action for trademark counterfeiting and unfair competition against the food chain which was selling counterfeit Louis Vuitton trunks in its grocery stores located in high-income areas of California. The matter was settled favorably for our client.

Louis Vuitton Malletier S.A. v. Jessica’s Cosmetics, Walgreens et al.

Represented Louis Vuitton in an action for copyright infringement and trademark counterfeiting against a cosmetics company and its retail customers who were manufacturing and selling cosmetic kits infringing the Louis Vuitton Multicolor artwork and trademark. The matter was settled favorably for our client including a permanent injunction against the infringing activity.

Louis Vuitton Malletier S.A. v. Goorin Bros. et al.

Represented Louis Vuitton in an action for trademark counterfeiting against a manufacturer and retailer that was offering for sale knit caps and scarves bearing counterfeits of Louis Vuitton’s famous monogram trademark. The matter was settled favorably for our client including a permanent injunction against the infringing activity.

Lucasfilm Ltd. V. Volpone Stamp Collection et al.

We represented Lucasfilm in the protection of its STAR WARS intellectual property rights against vendors and manufacturers of collectable postage stamps of a foreign nation bearing unauthorized reproductions of Lucasfilm’s copyrighted works and trademarks. We successfully obtained a temporary restraining order against the defendants and later settled with the defendants on terms favorable to our client.

Lucasfilm Ltd. And Lucasfilm Entertainment Co.LtTd. v. EZ2FLY dba Digitronics, Inc. et al.

We represented Lucasfilm in the protection of its intellectual property rights in its famous X-WING STARFIGHTER design and mark with the filing of a complaint against the distributor and manufacturer of a remote control X-WING design toy drone. Lucasfilm asserted claims of infringement of copyrights, trademarks, and unfair competition. The infringing toy was being shown along with costumed Star Wars characters at a trade show in Las Vegas. The matter was successfully settled in favor of our client.

Tony Duquette, Inc. et al. v. Michael Kors (USA), Inc.

Defended Michael Kors in a trademark infringement matter in which the plaintiff, the estate of a famed Hollywood interior designer, alleged that our client had copied its protected mark in the nature of green malachite for its apparel. The court dismissed the trademark claim as to rights in the malachite and the matter settled favorably for our client.

Gucci America Inc. v. Pieta

Represented Gucci in a trademark counterfeiting case involving the sale of counterfeit handbags in downtown Los Angeles apparel district. After obtaining a temporary restraining and seizure order against the defendant’s counterfeiting activities the matter resulted in a permanent injunction and favorable judgment in Gucci’s favor.

Gucci America Inc. v. Yeo dba Contempo

Represented Gucci in a trademark counterfeiting casae involving the sale of counterfeit handbags in Hollywood California. After obtaining a temporary restraining and seizur order against the defendant’s counterfeiting activities the matter resulted ina permanent injunction and favorable judgment in Gucci’s favor.

New Line Cinema v. Kultur International Films

Represented New Line, the producers of THE LORD OF THE RINGS films, in a federal copyright infringement suit against a film company that produced 4 videos that corresponded to Tolkien’s Lord of the Rings trilogy and The Hobbit. New Line obtained a permanent injunction and damages as a result of the infringement.

New Line Cinema and Saul Zaentz Co. v. Tolkientown.com LLC

Represented the owner of the film rights and the film producer of THE LORD OF THE RINGS films and THE HOBBIT in a copyright infringement case against a website operator selling an extensive line of Tolkien related character accessories and merchandise from swords and archery bows to rings. In addition the domain address was an infringement of the Tolkien Estate’s trademark rights. Our clients obtained a favorable settlement.

Trendmasters v. Sony Pictures et al.

Defended Sony in a breach of license agreement matter involving the manufacturing of GODZILLA action figures. The matter was favorably settled for our client.

Sony Pictures Consumer Products, Inc. v. Resaurus

Reprsented Sony in a breach of contract case involving the unauthorized manufacturing of merchandise related to the GODZILLA property. The matter ended in a judgment in favor of Sony.

Youngblood Timepieces Inc. v. Fossil Inc., et al.

Represented Fossil, Inc. and Macy’s Merchandising Group, Inc. against allegations that the plaintiff owned trademark rights in its founder’s surname-YOUNGBLOOD- for use on watches, and that Fossil and Macy’s infringed its rights by using the term Youngblood to identify a line of DIESEL-branded watches. After conducting extensive fact discovery on a severely compacted schedule, including taking and defending over 15 depositions in two months, and conducting expert discovery on the secondary meaning of surnames in the context of the fashion industry, we obtained summary judgment on behalf of Macy’s and settled the case on behalf of Fossil.

M2Software Inc. v. Viacom Inc. et al.

Defended Viacom, Inc. in a trademark infringement action in which M@ Software alleged that Viacom’s use of its M2:Music Television mark infringed on M2 Software’s rights in its M2 mark. The plaintiff sought a preliminary injunction to halt the launch of MTV’s second broadcasting network, and over $1 billion in damages. Although the judge found that the plaintiff was likely to succeed on the merits, we defeated the motion by showing that the plaintiff had unreasonably delayed in seeking an injunction. After extensive discovery, including depositions across the country, we moved for summary judgment on all of the plaintiff’s claims. The court noted that it had altered its view on the merits based on our motion, and found in Viacom’s favor on all counts. The case was reversed on appeal on one claim, reverse confusion. ON remand, after significant motion practice, we moved for summary adjudication on the basis that the plaintiff was not entitled to any damages. The district court granted our motion and the decision was upheld on appeal by the Ninth Circuit.

M2 Software, Inc. v. Viacom, Inc. 119 F. Supp.2d 1061 (C. D .Cal. 2000)

Dees v. Saban Entertainment Inc.

Represented Saban Entertainment, Inc. against claims of copyright infringement, unfair competition, and breach of contract. The plaintiff, a graphic designer, claimed that he was the copyright owner of the Mighty Morphin Power Rangers logo. On behalf of Saban, we filed a motion for summary judgment, arguing that the work was a “work made for hire”, or in the alternative, was assigned to Saban pursuant to a written agreement. The district court granted Saban’s motion for summary judgment and awarded Saban its attorneys’ fees and costs. The district court’s decision was affirmed by the Ninth Circuit Court of Appeals and the U.S. Supreme Court denied plaintiff’s Petition for Writ of Certiorari.

Dees v. Saban Entertainment, Inc. 1997 U.S. App. 34129 (9th Cir).

Star Patrol Enterprises Inc. v. Saban Entertainment Inc.

Represented Saban Entertainment, Inc. against a complaint for copyright infringement, breach of contract and various associated law claims against he owners and broadcasters of the Mighty Morphin Power Rangers, alleging that the Power Rangers infringed a property which the plaintiff allegedly owned. The plaintiff sought $1billion and injunctive relief. We filed a motion to dismiss all of plaintiff’s claims and the district court granted the motion, dismissing all of the plaintiff’s claims. Plaintiff chose only to pursue its inducing breach of contract on appeal.

Paramount Pictures Corporation v. Jon Langley et al.

Represented Paramount Pictures Corporation just weeks before the release of its holiday blockbuster motion picture, “Varsity Blues,” the registrant of the domain name VARSITBLUES.COM made good on a prior threat and launched a web site depicting partial birth abortions at that domain name location. In representing Paramount, we obtained a Preliminary Injunction ordering the immediate transfer of the domain name to Paramount.

Stanley Black and Decker Inc. et al. v. D&L Elite Investments LLC et al.

Represented Stanley Black & Decker in a multinational investigation and enforcement litigation against the on-line and brick and mortar sales of counterfeit DEWALT brand batteries for power tools. We obtained an ex parte seizure order against a group of companies importing and selling the batteries. Through investigative follow-up we were able to locate a factory producing the counterfeit batteries in a remote part of China and with the assistance of local Chinese law enforcement shut down the counterfeiting operation. We were also able to obtain an order freezing assets of the defendants who were likely to flee the US or move assets out of the United States.

Black and Decker U.S. Inc. et al. v. Best Buy Imports et al.

Represented Black& Decker and supervised an extensive investigation into the importation and sale of tools which Black & Decker’s registered black and yellow trademark for power tools. We obtained an ex parte seizure order against a group of companies importing and selling the tools and executed a coordinated seizure against all of the companies simultaneously. We then obtained a favorable settlement for the client.

Curtis James Jackson III v. Vision Plant Pictures LLC et al.

Defended a producer of a documentary against a right of publicity and trademark claim by performer “50 Cent.” Our client had created a documentary entitled “ The Original 50 Cent”, based on the likfe of the namesake of the more well-known “50 Cent”. We successfully defeated a motion for a preliminary injunction and the case settled favorably for our client.

Bogart LLC v. Burberry Group PLC et al.

Defended Burberry Group, PLC Burberry Limited (NY) and Burberry Limited (UK) against right of publicity and trademark infringement claims brought by the Estate of Humphrey Bogart. Our client had created a historical timeline depicting the evolution of Burberry’s culture, products and people, which was made available by Burberry on Facebook. The timeline included an image of Humphrey Bogart from 1942 wearing a Burberry trench coat from the final scene of the motion picture, “Casablanca.” A few hours before Bogart LLC filed its action in California, we filed a declaratory relief action in the Southern District of New York. After litigating two cases on opposite coasts, the cases were settled on terms favorable to our clients.

Burberry Limited v. Artist Fashions Inc. and J.P. Original Corp.

Represented Burberry and obtained ex parte temporary restraining orders and seizure orders against importers and distributors of shoes which more the famous Burberry “check” design rademark. These actions resulted in the seizure of thousands of pairs of infringing shoes which had been distributed across the United States.

Philips Electronics N.V. v. KXD Technology

Represented Philips in a trademark infringement case brought against manufacturers of infringing DVD recorders. WE obtained a $120 million judgment and permanent injunction. In addition, we obtained contempt sanctions fo millions of dollars, incarceration of the defendant’s U.S. based executive, seizures at various locations, and order to freeze all of the defendants’ assets and repatriate millions of dollars transferred overseas.

Givenchy v. BCBG Max Azria Group Inc.

Represented Givenchy in an action against BCBG with regard to infringement of the protectable trade dress of a Givenchy handbag. The defendants produced a line of “fast fashion” handbags that mimicked elements of Givenchy’s trade dress. We defeated the defendant’s summary judgment motion which argued that Givenchy’s handbag design did not function as protectable trade dress. The case subsequently settled on favorable terms.

Fonovisa v. Cherry Auction Inc. (Representing The International Anticounterfeiting Coalition, Inc.)

Represented the International Anticounterfeiting Coalition, Inc. in the Ninth Ciruit Court of Appeals and filed an Amicus Brief on behalf of numerous intellectual property rights owners seeking to overturn a lower court’s decision that flea market owners could not be liable fo the infringing acts of flea market vendors. The Ninth Circuit, relying on our brief, held that flea market owners can be found liable for contributory and vicarious copyright infringement resulting from the sale by its vendors of counterfeit merchandise. The Ninth Circuit further stated that a flea market owner “ cannot disregard its vendors’ blatant trademark infringements with impunity,” and that a flea market owner can be held liable for contributory trademark infringement. The opinion has been precedent for the expansion of liability for real and on-line property owners who knowingly allow trademark infringement to take place on their property or on their internet sites.