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. At trial, we distill complicated facts into simple stories that a jury can easily understand and favorably interpret. 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. For example, in 2023, after obtaining a preliminary injunction, we achieved a unanimous jury verdict in a case involving trade secret, trademark and copyright claims. Following the two-week trial, the jury deliberated for two hours to find for our client on 48 out of 52 issues. Led by Waymaker partners Ryan Baker, Scott Malzahn and Don Pepperman, our team prevailed on every single claim for our plaintiff client, the manufacturer of a cosmetic implant. Following the verdict, the client representative stated, “[y]ou were superb. You’ve each been amazing across this three-year plus journey together. You’ve managed to win every single major motion, and you got a jury verdict that was a total sweep.”
Waymaker regularly litigates innovative technologies on behalf of clients seeking to disrupt entrenched industries. We recently handled a series of copyright lawsuits venued in Washington D.C., Chicago and Los Angeles, defending a disruptive new media client in 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[.]” Ultimately, these cases were a harbinger of a dramatic shift in the way television content is consumed by end-users.
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 then presiding Judge Merrick Garland (later U.S. Attorney General) complimented 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 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.
Notable Engagements:
- IMD, Inc. v. Robert Cornell, MD
Scored a sweeping 8-0 jury trial victory for client IMD, Inc., the manufacturer of Penuma®, the first FDA-cleared male penile enhancement implant, when a Los Angeles federal jury invalidated two patents and found that a rival urologist stole trade secrets and misappropriated other intellectual property. Before the nine-day trial, we won a preliminary injunction that restrained defendants from using trade secrets that belonged to the firm’s client and then defeated a trio of motions brought by defendants seeking to add new antitrust counterclaims, extend the discovery cut off, and transfer the case to Texas. The high-profile case was covered closely by Law360 and Daily Journal.
- Green Crush, LLC v. Paradise Splash, Inc.
Successfully defended a company against a competitor’s claims of trade secret theft, breach of a confidentiality agreement, trademark and trade-dress infringement. We successfully obtained dismissal of several claims at the pleading stage, and prevailed on nearly all the remaining claims at summary judgment. The dispute then was fully resolved on favorable settlement terms.
- Byton North America Corporation v. Breitfeld
Represented a former CEO and inventor against allegations of trade secret theft, breach of fiduciary duty and other claims brought against him by his former employer. We successfully obtained dismissal of all claims.
- Precision Weather Solutions, Inc. v. Hudson Insurance Company
Currently representing the plaintiff-company in trade-secret litigation filed in the District of Kansas against two insurance companies for their role in allegedly misappropriating a technology that revolutionizes localized, real-time weather reporting for farmers.
- FlexWare International LLC v. AT&TSuccessfully represented a small company in a suit against AT&T for trademark infringement, false designation of origin, and unfair competition arising out of AT&T’s use of client’s business name. After more than a year of intensive discovery, the case resolved favorably with a confidential settlement for our client.
- 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 our 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.