Intellectual Property Cases
KSG represents authors and businesses in a variety of intellectual property litigation, including copyright infringement, Lanham Act (false advertising) and theft of trade secrets cases. We are particularly proud to have served as lead counsel in a number of cutting edge copyright cases involving authors’ rights in the digital world. In In re Freelance Works in Literary Databases Copyright Litigation, MDL No. 1379 (S.D.N.Y.), we are lead counsel for a class of freelance authors whose copyrighted works were being sold by major electronic databases. The case resulted in an $18 million settlement, which is believed to be the largest copyright class action settlement in history. In Random House, Inc. v. Rosetta Books, LLC, 150 F. Supp. 2d 613 (S.D.N.Y. 2001), aff’d, 283 F.3d 490 (2d Cir. 2002), we represented an e-book publishing company that was sued by Random House for selling e-book versions of books under license by Random House. KSG obtained a decision by the district court, affirmed by the 2d Circuit, that standard print book publishing contracts with authors do not confer on the publisher electronic publishing rights absent express authorization. In The Authors Guild, et al. v. Google Inc., No. 05-CV-8136-JES (S.D.N.Y.), KSG is lead counsel for a class of authors against Google, alleging that Google’s highly publicized plan to digitize whole libraries of books, including books still in copyright, and placing them on the Internet for searches and to view snippets of the books, constitutes massive contract infringement.
In addition, KSG has successfully represented a company in a false advertising Lanham Act case, Roberts Filter Manufacturing Company v. Wheelabrator Engineered Systems Inc., et al., No. 93-CV-2664 (E.D. Pa.), and, in 2005, in a theft of trade secrets case, obtained a jury verdict of over $38 million against Lionel Trains on behalf of its client, Mike’s Train House.