Seattle, WA
Intellectual property Lawyer at Seattle, WA
Practice Areas: Intellectual Property, Business ... +8 more
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.
OUTCOME:
Chase Jarvis is an accomplished professional photographer who specializes in outdoor sports images. Over several years, he created more than 4,000 slides for K2, a seller of outdoor sporting goods such ... as skis, snowboards, skates and bikes. Uses of the images embodied in the slides were governed by a series of licenses. K2 lost significant numbers of Jarvis slides, failed to provide contractually required photo credits, and miscredited one image to another photographer. Jarvis’ images were used by K2 in ways not permitted by the licenses and after the applicable licenses expired, and K2 improperly provided images to third parties who then used the images. On Jarvis’ behalf, Hendricks & Lewis filed an action against K2 for copyright infringement, breach of contract, conversion and violation of the Lanham Act. Hendricks & Lewis obtained a preliminary injunction precluding further use of the Jarvis images, engaged in discovery and pretrial motion practice, obtaining summary judgment on most of the liability issues. Hendricks & Lewis tried the case to the Court in March 2005. The Court found that K2 had lost 396 slides, failed to give credit in 105 instances, miscredited one image and entered comprehensive findings of fact and conclusions of law. Although the court ruled in Jarvis’ favor in many respects and awarded him damages, Jarvis took issue with certain of the court’s rulings on damages and also as to the applicability of the collective works privilege under 17 U.S.C. § 201(c). On Jarvis’ behalf Hendricks & Lewis filed an appeal with the Ninth Circuit Court of Appeals, designated the record on appeal and briefed the issues and argued the appeal. In addition, Hendricks & Lewis coordinated with photography organizations that were interested in the Section 201(c) issues and wished to file amicus curie briefs. The Ninth Circuit reversed the district court’s ruling as to Section 201(c) and remanded for determinations of willfulness, actual and statutory damages and attorneys’ fees. On Jarvis’ behalf, Hendricks & Lewis fully briefed the issues on remand and as raised by the district court.
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.”
OUTCOME: Favorable settlement
Following our representation of Delilah Rene, host of the popular internationally-syndicated radio program Delilah®, in a contentious litigation that resulted in a favorable settlement, we have continu ... ed to represent Ms. Rene and her business ventures in a variety of matters. Since 2005, Hendricks & Lewis has provided general business advice to Ms. Rene, her companies, and non-profit organization, including drafting incorporating documents, office and employee manuals, work for hire, confidentiality and licensing agreements, film, publicity and privacy rights releases. We have also represented Ms. Rene and her production company in contract negotiations that have resulted in exciting new business and media opportunities. In addition, we have drafted and prosecuted federal trademark applications for Ms. Rene and her companies and provided advice on protecting and managing intellectual property, including her literary works and visual art.
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
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.
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
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