Jason D. Rosenberg

• Counsel for a declaratory judgment plaintiff in a Lanham Act false advertising matter concerning the marketing of flea and tick medication for pets. Merial Ltd. v. Elanco (M.D. Ga.).
• Represented the defendant biotechnology company in a trademark and false advertising case concerning claims made in the marketing and sale of recombinant thrombin, a topical hemostat; the case was resolved. King Pharmaceuticals Inc., et al. v. ZymoGenetics Inc. (E.D. Tenn.).
• Counsel for Merial, the makers of Frontline Plus flea & tick medication, in trade dress claims concerning the packaging of the defendants’ PETARMOR brand products. Merial Limited, et al. v. Velcera Inc., et al. (M.D. Ga.).
• Represented a large health facility in a three-week jury trial of a trademark, copyright, and Digital Millennium Copyright Act case in federal court in Tampa, resulting in permanent injunctive relief, six-figure damages, and recovery of $550,000 in attorneys’ fees on trademark claims. St. Luke’s Cataract & Laser Institute P.A. v. Sanderson, et al. (M.D. Fla.).
• Represented NASCAR in a trademark infringement action involving a stock car racing magazine. NASCAR v. Mainstream Media International LLC (M.D. Fla.).
• Defended Aflac against claims of alleged trademark infringement and motion for preliminary injunction; the case was resolved. Jellyvision Inc. v. AFLAC (N.D. Ill.).
• Represented the defendants in trademark litigation; defeated the plaintiff’s motion for preliminary injunction and, later, obtained summary judgment in the clients’ favor on all counts. Brown Bark II L.P. v. Dixie Mills LLC, et al. (N.D. Ga.).
• Obtained judgment for Travelocity in a federal cybersquatting action against an infringing domain name. Travelocity.com LP v. TravelocityIndia.com (E.D. Va.).
• Represented the plaintiff in a declaratory judgment action for noninfringement of alleged trade dress rights in the defendant’s MP5 submachine gun; the case was resolved. Crosman Corporation v. Heckler & Koch Inc. (M.D. Ga.).
• Obtained an injunction against, and significant monetary payment from, the defendant in a trademark infringement case. Kids II Inc. v. Bright Start Furniture, et al. (N.D. Ga.).
• Obtained an injunction against the defendants’ further use of a disputed trademark. Kids II Inc. v. KidVid Inc., et al. (N.D. Ga.).
• Represented a trademark licensee in an action against the unauthorized user of a trademark. Armstrong McCall L.P. v. CHI Home LLC (W.D. Tex.).
• Represented the defendants against claims of alleged trade dress infringement of security camera housings. Videolarm Inc. v. ASC-USA Inc., et al. (N.D. Ga.).

Copyright

• In what Law360 named one of the top 10 copyright cases of the year, represented, pro bono, defendant Public.Resource.org against copyright infringement claims asserted by the State of Georgia. After losing at the district court level, our team obtained a unanimous reversal by the Eleventh Circuit, which held that the state could not own any copyright interest in the Official Code of Georgia Annotated, and therefore our client was free to publish the entirety of the code online. Certiorari was granted by the U.S. Supreme Court. Code Revision Commission of the State of Georgia v. Public.Resource.Org Inc. (N.D. Ga.) (11th Cir.).
• On behalf of National Geographic, obtained a rare Rule 12(b)(6) dismissal of the plaintiff’s copyright claims at the pleadings stage. Marty Stouffer Productions v. National Geographic (D. Colo.).
• Defended client Narrative Content Group against claims of copyright infringement asserted by a photographer. Martinka v. Narrative Content Group LLC (N.D. Ga.).
• Representing multinational insurer Hiscox in a copyright infringement matter concerning the parties’ foodborne illness policies. Professional Liability Insurance Services Inc. v. Hiscox (W.D. Tex.).
• Represented Herald House, a publisher, in a copyright infringement matter brought by one of its former authors. The matter was settled after a mediation. The Cenaps Corporation v. Herald House (M.D. Fla.).
• On behalf of Marvel Entertainment, obtained a dismissal with prejudice of claims of copyright infringement concerning myriad well-known characters in the Marvel Cinematic Universe. Bennett v. Marvel Entertainment (N.D. Ga.).
• Representing the plaintiff in a copyright infringement and trade secret misappropriation matter against former employees. The John Hardy Group Inc. v. Galunas, et al. (N.D. Ga.).
• Represented the defendant in a copyright infringement matter alleging unauthorized use of sound recordings in the VH1 program Master of the Mix. The case was resolved before discovery. UMG Recordings Inc. v. Je T’aime LLC (C.D. Cal.).
• Lead counsel for the defendant in a suit alleging copyright infringement and breach of contract relating to the use of Microsoft software. Microsoft Corp. v. EBIX Inc. (N.D. Ga.).
• Helped secure a major victory for client Twentieth Century Fox by obtaining a summary judgment order that Fox owned the right to distribute the Watchmen motion picture. The case settled on favorable terms shortly before a hearing to determine whether the release of Warner Bros.’s film would be enjoined. Twentieth Century Fox Film Corp. v. Warner Bros. Entertainment Inc., et al. (C.D. Cal.).
• Lead counsel for Viacom and production company defendants in a copyright infringement lawsuit alleging unauthorized use of the plaintiffs’ song on the popular VH1 program Love & Hip Hop: Atlanta. The case was resolved following the defendants’ submission of summary judgment briefing. Hinkle, et al. v. Viacom International Inc., et al. (N.D. Ga.).
• Obtained an emergency temporary restraining order preventing the defendants from further misappropriation of the client’s trade secrets and copyrighted materials; the case was resolved. C5 Advisors LLC v. Debartolo Development LLC (N.D. Ga.).
• Obtained an injunction on behalf of a copyright owner preventing further unauthorized use or copying of the client’s automotive repair software. ALLDATA LLC v. Mesuwan (S.D. Tex.).