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Intellectual Property Litigation

Copyright Litigation

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Our team has been involved in many of the most significant copyright cases litigated in Wisconsin and the Seventh Circuit.

Changes in technology that have outpaced changes in copyright law have created a highly nuanced area of law with significant ramifications for creators and businesses alike. Our team is experienced in both copyright law and complex litigation, making our firm well-positioned to handle cutting-edge copyright litigation and to confidently and efficiently advise our clients in this area.

Our copyright litigation experience includes architectural works, computer software, comic books, motion pictures, photography and more. The team is especially experienced in the areas of computer software and publishing and broadcasting, having worked with a substantial client base of software and media companies. This in-depth knowledge of the copyright industries, coupled with our expertise in substantive copyright law and our litigation skills, provides our clients a significant advantage in copyright infringement litigation.

Representative Experience

Kienitz v. Sconnie Nation LLC. Godfrey & Kahn represented the photographer in this highly watched copyright fair use case, which challenged the scope of the fair use doctrine and transformative use test in the Western District of Wisconsin, Seventh Circuit, and on a Petition for Certiorari to the United States Supreme Court.

Gaiman v. Todd McFarlane Productions, Inc. Godfrey & Kahn represented the defendant in this copyright and contract litigation involving rights in comic book works.

Lands’ End, Inc. v. Genesys Software Systems, Inc. Godfrey & Kahn represented Lands’ End in connection with a software license dispute filed as a declaratory judgment action in the Western District of Wisconsin and obtained a favorable settlement shortly before trial.

ARI Network Services, Inc. v. Nichols et al. Godfrey & Kahn represented the plaintiff in a copyright infringement action involving various powersport equipment taxonomies in the Eastern District of Wisconsin. The case was settled.

Wolters v. The Sportsman Channel, Inc., et al. and Demi & Cooper, Inc. v. The Sportsman Channel, Inc. These two related cases, one in the Western District of Michigan and one in an Illinois state court, centered around alleged copyright infringement in the use of a photograph in marketing materials. Godfrey & Kahn served as lead counsel for The Sportsman Channel. Both matters were settled.

TV Azteca SA de CV, et al. v. Durden, et al. Godfrey & Kahn served as lead litigation counsel for TV Azteca in this copyright infringement case involving the unauthorized live web-based broadcast of Mexican soccer games owned by TV Azteca. After locating the infringer, who used a fictitious name to operate the website, Godfrey & Kahn helped negotiate a consent judgment involving a permanent injunction against the infringer and other relief.

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