Appliance Recycling Services of America, Inc., et al. v. JACO Environmental, Inc., et al.
Jan 08, 2009
OUTCOME: Favorable Summary Judgment
Plaintiff Appliance Recycling Services of America, Inc. filed a complaint against JACO Environmental, Inc. in the U.S. District Court in Santa Ana, California in November of 2004, alleging that JACO un...lawfully patented and unlawfully claimed development of JACO’s refrigerator and freezer recycling process, and that ARCA had been competitively harmed by JACO’s statements and patent.
After several years of ongoing litigation, the court granted summary judgment in favor of JACO, on January 8, 2009.
State, local, and municipal law
River Park Square, L.L.C. v. Miggins, et al
Jan 01, 2009
OUTCOME: Supreme Court decision in favor of client
Successfully challenged writ of mandamus compelling Spokane City Manager and City Attorney to execute documents transferring funds from the City of Spokane to a public development authority that operat...ed a parking garage that was an integral part of a downtown shopping mall.
State, local, and municipal law
River Park Square, L.L.C. v. Miggins, et al.
Jan 01, 2009
OUTCOME: Supreme Court Decision in Favor of Client
Successfully challenged writ of mandamus compelling Spokane City Manager and City Attorney to execute documents transferring funds from the City of Spokane to a public development authority that operat...ed a parking garage that was an integral part of a downtown shopping mall.
Copyright infringement
George Clinton v. Capitol Records, Inc., et al
Dec 17, 2007
OUTCOME: Favorable Summary Judgment and Settlement
Hendricks & Lewis represented George Clinton, the legendary “godfather of funk" and celebrated songwriter, performer, producer, recording artist and visual artist, in a variety of legal matters, includ...ing this action against Capitol Records for infringement of Mr. Clinton's copyrights in Hardcore Jollies," "One Nation Under A Groove," "Uncle Jam Wants You" and "The Electric Spanking of War Babies," also known collectively as the Funkadelic Masters.
On behalf of Mr. Clinton, Hendricks & Lewis overcame substantial statute of limitations and collateral estoppel issues and successfully moved for summary judgment of liability in Mr. Clinton's favor.
Following entry of summary judgment, Hendricks & Lewis negotiated a favorable settlement on Mr. Clinton's behalf.
In addition to litigation matters, Hendricks & Lewis assisted Mr. Clinton in a broad array of copyright, trademark and contractual issues.
Entertainment
DC3 Entertainment, LLC v. John Galt Entertainment, Inc., et al.
Jan 04, 2007
OUTCOME: Favorable Jury Verdict
DC3 Entertainment, LLC (“DC3”), a Washington entertainment company, was established with a goal of radically changing the way business is conducted in the music industry. In 2003, a California company,... John Galt Entertainment, Inc. (“JGE”), assigned to DC3 JGE’s rights in a production agreement with Brian Judah, a promising young songwriter and recording artist. DC3 then entered into a recording and production agreement with Mr. Judah and began recording, using the producer services of a JGE producer. Subsequently, the JGE principals became co-presidents of DC3 and agreed to convey their songwriting copyrights and publishing interests in the Judah recordings to DC3. In 2004, the relationship between DC3 and the JGE principals ended and the JGE principals threatened, in part, to block DC3’s completion of the Judah album.
In November 2004, on behalf of DC3, Hendricks & Lewis filed a complaint in federal court in Seattle against JGE and its principals for a declaratory judgment, breach of contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty and injunctive relief. The defendants, in turn, asserted counterclaims and third-party claims for, among other things, breach of contract, an accounting and establishment of constructive trust for alleged royalties due on the Judah album, as well as discrimination and harassment on the basis of religion and sex, retaliation and wrongful termination.
Soon thereafter, Hendricks & Lewis obtained a preliminary injunction for DC3 that prohibited the defendants from transferring their copyright and publishing interests to third parties, as well as a declaratory judgment allowing DC3 to re-record the Brian Judah album without the producer services of JGE. Following an extensive motion practice that included two favorable partial summary judgment decisions and a two-week jury trial, DC3 received a favorable verdict.
State, local, and municipal law
River Park Square, L.L.C. v. Miggins, et al.
Jan 01, 2001
OUTCOME: Supreme Court decision in favor of client
Successfully challenged writ of mandamus compelling Spokane City Manager and City Attorney to execute documents transferring funds from the City of Spokane to a public development authority that operat...ed a parking garage that was an integral part of a downtown shopping mall.
Entertainment
James A. Hendrix v. Leo Branton, Jr., et al.,
May 05, 1995
OUTCOME: Favorable settlement
The Hendrix litigation pitted Jimi Hendrix’s father, Al Hendrix, in a two-year struggle against a large and ever-changing cast of lawyers, accountants, professional managers, music executives and vario...us national, international, and offshore corporations, partnerships and trusts. The objective was control of the Hendrix legacy, which Al Hendrix had allegedly sold in 1974 for an income stream of $50,000 a year. As a result of Hendricks & Lewis’s six-month investigation and legal assessment, and in response to recent news reports that MCA was acquiring the “Hendrix catalogue” from entities that claimed to own the Hendrix legacy pursuant to various agreements Al Hendrix allegedly signed in 1974 and thereafter, Hendricks & Lewis filed on behalf of Al Hendrix a suit in federal court in Seattle, Washington in the Spring of 1993, claiming an accounting, breach of fiduciary duty, fraud, negligent misrepresentation, legal malpractice, restitution based upon rescission of contract, securities law violations, violation of RICO, conspiracy to defraud, infringement of copyrights, unfair competition, conversion, infringement of rights of publicity and declaratory judgments.
After two years of intense and extensive international and multi-faceted discovery and motion practice that included multiple injunctions, discovery orders and interim appeals resolved by the Ninth Circuit, the parties entered into a mediated settlement. That settlement, which was read into the court record on May 2, 1995, conveyed to Al Hendrix “all rights, claims and interests in and to any and all parts of the properties described generally as the Jimi Hendrix legacy. These conveyances will include intellectual properties, physical properties, and all copies, reproductions, intangible rights and so forth associated with the Jimi Hendrix legacy.”
Entertainment
James A. Hendrix v. Leo Branton, Jr., et al.
May 05, 1995
OUTCOME: Favorable Settlement
The Hendrix litigation pitted Jimi Hendrix’s father, Al Hendrix, in a two-year struggle against a large and ever-changing cast of lawyers, accountants, professional managers, music executives and vario...us national, international, and offshore corporations, partnerships and trusts. The objective was control of the Hendrix legacy, which Al Hendrix had allegedly sold in 1974 for an income stream of $50,000 a year. As a result of Hendricks & Lewis’s six-month investigation and legal assessment, and in response to recent news reports that MCA was acquiring the “Hendrix catalogue” from entities that claimed to own the Hendrix legacy pursuant to various agreements Al Hendrix allegedly signed in 1974 and thereafter, Hendricks & Lewis filed on behalf of Al Hendrix a suit in federal court in Seattle, Washington in the Spring of 1993, claiming an accounting, breach of fiduciary duty, fraud, negligent misrepresentation, legal malpractice, restitution based upon rescission of contract, securities law violations, violation of RICO, conspiracy to defraud, infringement of copyrights, unfair competition, conversion, infringement of rights of publicity and declaratory judgments.
After two years of intense and extensive international and multi-faceted discovery and motion practice that included multiple injunctions, discovery orders and interim appeals resolved by the Ninth Circuit, the parties entered into a mediated settlement. That settlement, which was read into the court record on May 2, 1995, conveyed to Al Hendrix “all rights, claims and interests in and to any and all parts of the properties described generally as the Jimi Hendrix legacy. These conveyances will include intellectual properties, physical properties, and all copies, reproductions, intangible rights and so forth associated with the Jimi Hendrix legacy.”
Trademark infringement
Glow Industries, Inc. v. Lopez, et al.
N/A
OUTCOME: Favorable mediated settlement
Glow Industries, Inc., a California corporation, was established in 1999 to design, produce, market and sell a brand-intensive line of “Glow” fragrance, bath and body-care products created by co-founde...r Terri Williamson. The product line was initially marketed to drop-in customers at a small boutique in Santa Monica, California, return customers and viral marketing. Subsequently, sales were expanded through telephone and Internet orders. By 2002, Glow products were available in several dozen retail establishments throughout the United States and Glow Industries was thriving and expanding. At that point, a tsunami struck in the form of the national launch of a competing fragrance product “Glow by JLo” that was backed by Jennifer Lopez's star power and the financially deep pockets of Coty, Inc. and Sweetface Fashion Company, LLC.
In August 2002, Glow Industries—which had applied for but not yet received a federally-registered trademark for GLOW—filed a complaint in federal court in Los Angeles for federal and state trademark infringement and unfair competition, including reverse confusion and dilution claims. Following the district court's denial of a preliminary injunction sought by Glow Industries, Hendricks & Lewis was brought into the case as lead counsel, ultimately helping Ms. Williamson obtain a highly-favorable mediated settlement in 2003.
Since that time, we have continued to assist Ms. Williamson with various other issues, including other litigation and the selection, acquisition, defense and/or transfer of other trademarks and domain names.
Whose Brand Is It, Anyway?, Inc., May 2003
The Sweet Smell of a Settlement, Inc., December 2003
Intellectual property
Courtney Love Cobain, et al. v. David Grohl, et al.,
N/A
OUTCOME: Favorable settlement
Courtney Love is the widow of Kurt Cobain, a celebrated songwriter, performer, recording artist and visual artist. Frances Bean Cobain is their daughter. In 2001, Ms. Love—on behalf of herself, France...s Bean Cobain and a California entity that had been established to receive payment for the benefit of Ms. Love and Frances Bean Cobain from revenues generated by the assets of the Kurt Cobain legacy—filed suit in state court in Seattle, Washington against (a) the surviving Nirvana band members Krist Novoselic and David Grohl; (b) an LLC of which Ms. Love and Messrs. Grohl and Novoselic were members and managers; and (c) Universal Music Group, Inc., for declaratory judgment, breach of fiduciary duty, oppression of minority shareholder, breach of the duty of good faith and fair dealing, rescission, breach of contract, judicial dissolution and preliminary injunction.
Shortly after the complaint was filed by Hendricks & Lewis, Ms. Love obtained a preliminary injunction against all of the defendants that, among other things, prohibited them from releasing a previously-unreleased song written by Kurt Cobain entitled “You Know You’re Right.” Subsequently, Hendricks & Lewis successfully resisted the defendants’ demand that Ms. Love undergo a psychiatric examination pursuant to the LLC agreement, and ultimately obtained a negotiated settlement that secured for Ms. Love and Frances Bean Cobain substantial and long-lasting financial and other benefits including: (a) a satisfactory restructuring of the Nirvana LLC; (b) ultimate control of the Cobain legacy, life story and movie rights; and (c) the possibility for significantly-enhanced, long-term income streams.
In addition, Hendricks & Lewis assisted in the negotiation and documentation of an agreement with Geffen Records to release a “Greatest Hits” album in 2002, a publishing agreement with Riverhead Press for the “Cobain Journals,” and the renegotiation of a music publishing agreement with EMI Records.
