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We negotiate and draft all types of contracts related to creating, buying, selling, licensing, or otherwise using text, music, photography, visual art, code, and other material protected by copyright in the software, Internet, music, photography, film, media, publishing, and fine art industries. We search, inventory and register copyrights, record assignments, and advise media companies, museums, galleries, film, art, and photography archives and IP administrators on U.S. Copyright Office procedures and regulations. We enforce and defend copyright infringement disputes at both the pre-litigation and litigation stages, seeking and opposing injunctions and temporary restraining Orders and handling cases on a ‘first chair’ basis through both jury and bench trials as well as judicial and private arbitration. We ‘vet’ film scripts and advise film, video, advertising and Internet content producers on clearance issues related to copyrights and fair use.
Greg has over 35 years experience creating, registering and enforcing registered and unregistered state and federal trademarks, trade dress, trade names, logos, designs, advertising, packaging, and other assets embodying a client’s brand identity. We assist in searching, screening, and selecting both standard character and design trademarks. We prosecute trademark registration applications before the United States Patent and Trademark Office, and litigate registration disputes through the U.S. Trademark Trial and Appeals Board. We negotiate and draft all types of contracts related to creating, buying, selling, licensing, or otherwise using trademarks, trade dress, logos or other brand identity assets in industries as diverse as therapeutic and educational children’s games and books, music software and underwater cinematography. Mr. Victoroff records trademark assignments and advises media companies, museums, galleries, film, art, and photography archives and IP administrators on U.S. Trademark Office procedures and regulations. We enforce and defend trademark infringement disputes at both the pre-litigation and litigation stages, seeking and opposing injunctions and temporary restraining Orders and handling both judge and jury trials on a ‘first chair’ basis, as well as judicial and private arbitrations. We ‘vet’ film scripts and advise film, video, and Internet content producers on clearance issues related to trademarks, trade dress and fair and nominative use defenses.
Mr. Victoroff routinely handles both licensing and litigation issues related to the authorized and unauthorized use of the name, likeness or voice of living and deceased individuals. We draft and negotiate talent and model releases, product endorsement deals, handle clearances for feature and documentary films, and review artwork, scripts and manuscripts for privacy issues. With our team of investigators, we police unauthorized commercial uses and send infringement notices, commence litigation and obtain injunctive relief where appropriate.
In connection with an overall intellectual property protection plan, Mr. Victoroff assists businesses and individuals to identify and protect trade secrets and proprietary and confidential information. We draft and enforce confidentiality and non-disclosure agreements, trade secret agreements, interviewee, employee, and contractor agreements, as well as non-circumvention and non-competition agreements pertaining to trade secrets.
Mr. Victoroff recently handled script and final cut clearances for Ain’t In It For My Health – A Film About Levon Helm; handled all post-production transactions for Nailed an independent feature starring Harvey Keitel including talent agreements, rights clearances, E & O insurance, and international and domestic theatrical, television and video distribution agreements, drafted and negotiated all preproduction agreements for independent feature to be filmed in Argentina, and talent agreements and music clearances for AFI short Recycling Flo entered at Cannes.
Won $1.2 million trial verdict on behalf of a children’s book publisher in a breach of contract action against the buyer of publisher’s subsidiary. Prevailed in copyright infringement lawsuit on behalf of feminist writer/martial arts instructor in U.S. District Court in San Francisco against Mills College involving infringing material on the College’s website. Drafted and negotiated academic book publishing contracts from both the publisher’s side in connection with math and nursing textbooks, and from the author’s side in connection with psychiatric and art education texts.
Defended federal District court lawsuit against painter sued by fine art publisher, filing counter and cross claims against publisher, Touchstone Television (Disney) and third party gallery for unauthorized use of painter’s art in television series, Desperate Housewives, obtaining dismissal of original suit and favorable settlement for painter. Negotiated $1 million sculpture design, fabrication and installation agreement on behalf of sculptor. Recovered over $250,000 for illustrator and painter against Honda, Acura, their advertising agency and others in a claim involving infringements of 160 copyrights. Handled multiple claims for visual artist against Internet and giclee infringers. Negotiated license for cover art for 2005 Grammy award-winning jazz album. Handled rights clearances and curatorial legal issues for start up The Erotic Museum on Hollywood Blvd. Mr. Victoroff works closely with his team of outside appraisers, gallerists and museum personnel at institutions such as the J. Paul Getty Museum, the Los Angeles County Museum of Art in Los Angeles the National Portrait Gallery and Smithsonian Institution in Washington, D.C.
Represented jewelry designer in dispute against female music icon over infringement of client’s jewelry design used in motion picture and music video. Handled branding, trademark registrations and website development agreement for start-up line of clothing, foot ware and accessories. Register and enforce copyrights and trademarks related to fabric designs. Negotiated and drafted fashion and fabric designer employment agreements.
Obtained mandatory injunction and attorneys fees following private arbitration in San Diego of breach of contract lawsuit against national hotel chain for attempting to cancel Internet tradeshow. Obtained and negotiated Alcoholic Beverage Control event licenses. Drafted and negotiated cruise ship and European concert tour contracts for musical revue. Obtained mid-six-figure settlement in LA Superior court lawsuit on behalf of magician injured in underground parking garage. Served as expert witness on behalf of television producer in idea infringement lawsuit against major television network.
Obtained Federal Court injunction on behalf of seminal hip hop/rap group “N.W.A.” (Ice Cube, Dr. Dre, Eazy-E, DJ Yella, MC Ren) against Macola Records, leading to multi-platinum Priority Records deal. Negotiated Bruno Mars’ recording agreement with Motown Records. Handled LA Superior Court trial for conversion, legal malpractice and breach of fiduciary duty on behalf of former member of Earth, Wind & Fire against his publishing administrator and former attorney. Negotiated composer, producer and collaboration agreements for major studio/theme park/television network theme music. Special Counsel to U.S. Bankruptcy Trustee handling all transactions and litigation liquidating record and publishing company assets of Network Records. Handling various management and rights issues related to representation of the manager of Epitaph recording artists, The Matches.
Handled programming contracts and copyright and trademark registrations for MasterWriter®, award-winning songwriting software, and SonGuard®, on-line song registration service, voted Best New Product. Advise e-commerce clients on issues related to website design, on-line privacy protection, data gathering and record-keeping issues, COPA (Child On-line Protection Act) requirements and prohibitions. Draft and update website terms and conditions. Police and defend on-line copyright, trademark and privacy infringement claims through DMCA take down notices and counter-notices.
Provided deposition testimony on attorney’s standard of care in registering copyrights. Professional liability (legal malpractice) suit: Olander v. Klein, O’Neill, & Singh, LLP, Orange County Superior Court. Joint venture ownership of trademarks and video marketing concept. Los Angeles Superior Court. Consulted on measure of damages in photograph copyright infringement action against billboard company. United States District Court. Provided trial testimony on ownership and transfer of trademarks and copyrights in adult film catalogue. Los Angeles Superior Court. Expert damages consultant on measure of damages in art gallery trademark infringement. United States District Court. Future lost earnings of painter/graphic artist. Los Angeles Superior Court case. Fair Use of trademarks in works of fine art. United States District Court. Insurance coverage for Lanham Act/unfair competition claim. Los Angeles Superior Court. Television legal consultant, Midnight Caller, NBC Television. Motion Picture Legal Consultant, Bombing L.A.