•Lead counsel to MySpace, Inc. in MySpace, Inc. v. Wallace, 498 F. Supp. 2d 1293 (C.D. Cal. 2007) (enjoining a defendant under the CAN-SPAM Act
and resulting in 2008 in a judgment of over 230,000,000).
•Lead Counsel to The McClatchy Co. (and formerly to Knight-Ridder) in the In re Literary Works in Electronic Databases Copyright Litigation, 509 F.3d 116 (2d Cir. 2007), putative class action suits brought by freelance authors against database companies and newspaper publishers in the Southern District of New York. The case presently is pending before the U.S. Supreme Court as Reed-Elsevier, Inc. v. Muchnick, 77 U.S.L.W. 3059 (U.S. Mar. 2, 2009).
•Lead Counsel to MySpace, Inc. in MySpace, Inc. v. TheGlobe.com, Inc., 2007 WL 1686966 (C.D. Cal. 2007) (granting summary judgment under the CAN-SPAM Act, California's anti-spamming statute and for breach of MySpace's Terms of Use, including its $50 per email liquidated damages clause).
The case settled on confidential terms in 2007.
•Represented Sony Pictures Entertainment, Inc. in a copyright infringement suit involving user generated content.
•Lead Counsel to clients in sponsored link cases brought under the Lanham Act in federal courts in California and Virginia.
•Lead counsel to the prevailing plaintiff in Garden of Life, Inc. v. Letzer, 318 F. Supp. 2d 946 (C.D. Cal. 2004) (granting injunctive relief in connection with the defendants' operation of a counterfeit website and cybersquatting).
•Lead IP Trial Counsel to Hewlett Packard Co. in FoodMarketPlace.com, Inc. v. Hewlett Packard Co., a case brought in the Central District of California in which the plaintiff sought $100 million for the alleged copyright infringement of the source code for a web-based business, among other claims.
The case eventually settled.
•Lead Counsel to the prevailing party in MCSi, Inc. v. Woods, 290 F. Supp. 2d 1030 (N.D. Cal. 2003), which is the only reported decision in California where a company prevailed in defense of an anti-SLAPP motion brought by a DOE defendant in a case involving anonymous Internet misconduct.
•Represented Fox Group and Vivendi Universal Entertainment LLLP (and briefly Metro-Goldwyn-Mayer Studios Inc. and Columbia Tri-Star Film Distributors Int'l, Inc.) in the defense and settlement of Not the Enemy Media v. Universal Studios Consumer Products, Inc. in federal court in San Francisco.
•Lead counsel to eBay, Inc. in copyright infringement, DMCA, and Lanham Act cases in the Central District of California.
•Amicus counsel to a group of organizations of copyright owners in MGM Studios, Inc. v. Grokster, Ltd., 380 F.3d 1154 (9th Cir. 2004), vacated, 545 U.S. 913 (2005).
and resulting in 2008 in a judgment of over 230,000,000).
•Lead Counsel to The McClatchy Co. (and formerly to Knight-Ridder) in the In re Literary Works in Electronic Databases Copyright Litigation, 509 F.3d 116 (2d Cir. 2007), putative class action suits brought by freelance authors against database companies and newspaper publishers in the Southern District of New York. The case presently is pending before the U.S. Supreme Court as Reed-Elsevier, Inc. v. Muchnick, 77 U.S.L.W. 3059 (U.S. Mar. 2, 2009).
•Lead Counsel to MySpace, Inc. in MySpace, Inc. v. TheGlobe.com, Inc., 2007 WL 1686966 (C.D. Cal. 2007) (granting summary judgment under the CAN-SPAM Act, California's anti-spamming statute and for breach of MySpace's Terms of Use, including its $50 per email liquidated damages clause).
The case settled on confidential terms in 2007.
•Represented Sony Pictures Entertainment, Inc. in a copyright infringement suit involving user generated content.
•Lead Counsel to clients in sponsored link cases brought under the Lanham Act in federal courts in California and Virginia.
•Lead counsel to the prevailing plaintiff in Garden of Life, Inc. v. Letzer, 318 F. Supp. 2d 946 (C.D. Cal. 2004) (granting injunctive relief in connection with the defendants' operation of a counterfeit website and cybersquatting).
•Lead IP Trial Counsel to Hewlett Packard Co. in FoodMarketPlace.com, Inc. v. Hewlett Packard Co., a case brought in the Central District of California in which the plaintiff sought $100 million for the alleged copyright infringement of the source code for a web-based business, among other claims.
The case eventually settled.
•Lead Counsel to the prevailing party in MCSi, Inc. v. Woods, 290 F. Supp. 2d 1030 (N.D. Cal. 2003), which is the only reported decision in California where a company prevailed in defense of an anti-SLAPP motion brought by a DOE defendant in a case involving anonymous Internet misconduct.
•Represented Fox Group and Vivendi Universal Entertainment LLLP (and briefly Metro-Goldwyn-Mayer Studios Inc. and Columbia Tri-Star Film Distributors Int'l, Inc.) in the defense and settlement of Not the Enemy Media v. Universal Studios Consumer Products, Inc. in federal court in San Francisco.
•Lead counsel to eBay, Inc. in copyright infringement, DMCA, and Lanham Act cases in the Central District of California.
•Amicus counsel to a group of organizations of copyright owners in MGM Studios, Inc. v. Grokster, Ltd., 380 F.3d 1154 (9th Cir. 2004), vacated, 545 U.S. 913 (2005).
E-Commerce & Internet Law
I a n C. B a l l o n
