Elliot B. Gipson

Office: 310-557-3558

Direct: 310-557-9750

Email: egipson@fayergipson.com

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Elliot Gipson is a founding partner of Fayer Gipson LLP. He represents entertainment, media and technology clients and advises them with respect to wide ranging business matters, most often touching upon contract, copyright, trademark and trade secrets laws.  His clients range from publicly-traded companies, to closely-held corporations and individuals.  Mr. Gipson’s entertainment practice focuses on new media, motion pictures, and television where he represents production companies, networks, and distributors as well as producers and entertainment and media executives.  His copyright, trademark and trade secret practices are full service, from counseling and registration, to protecting intellectual property through contracts and company procedure,  to licensing, to litigating disputes in federal courts.  Mr. Gipson has litigated numerous cases to judgement on behalf of his clients, including a total defense victory upheld by the Ninth Circuit Court of Appeals in a copyright case that clarified circuit precedent with respect to implied licenses.  Mr. Gipson also advises start-ups and their founders with respect to both intellectual property and corporate issues, including start-up companies’ intellectual property policies and contracts, as well as their initial organizational structure and  capital raises.  Mr. Gipson often counsels and represents executives, both with respect to their contracts and with respect to disputes arising with their current and/or former employers.   Mr. Gipson has lectured regarding entertainment and intellectual property issues and has been featured in stories on BBC World News, CNN, The Financial Times, and The Hollywood Reporter.  He has also been identified as a leading attorney in Sports & Entertainment Law by Who’s Who Legal and has  appeared in  Super Lawyers listings of top lawyers in Southern California every year since 2013.

Mr. Gipson graduated from Columbia Law School, where he was an Articles Editor for the Columbia Business Law Review, a Harlan Fiske Stone Scholar, and an extern for the New York City Law Department. Prior to law school, Mr. Gipson worked in independent film production as a production assistant and co-producer. Mr. Gipson graduated Phi Beta Kappa from Duke University, with High Honors in English and a Certificate in Film.

Mr. Gipson is admitted to practice law in California, the District of Columbia, and New York, as well as the Central, Eastern, Northern, and Southern Districts of California and the Court of Appeals for the Ninth Circuit and Federal Circuit.  Mr. Gipson is a member of the International Trademark Association (“INTA”).

Mr. Gipson’s representative copyright matters include:

Defending advertising, entertainment and media companies against copyright claims.

Prosecuting the unauthorized use and distribution of images and photographs  across the Internet.

Representing musicians in connection with the unauthorized use of their music.

Advising advertising, entertainment and media companies with respect to the ownership of materials and the fair use of certain copyrighted material.

Mr. Gipson’s representative trademark matters include:

Defending trademark claims as local or special intellectual property counsel for out-of-jurisdiction defendants.

Prosecuting trademark claims and related rights of privacy and rights of publicity claims in state and federal courts, especially within the context of their use in connection with celebrity, media and entertainment.

Managing domestic trademark portfolios and overseeing local counsel in the registration of  trademarks internationally.

Issuing and responding to cease and desist letters in an attempt to resolve issues of consumer confusion without resort to litigation.

Mr. Gipson’s representative trade secrets matters include:  

Advising clients with respect to mitigating risks associated with exiting a company and starting a competitive business.

Advising companies with respect to protecting their trade secrets and mitigating risks  through their hiring practices, employee agreements, employee handbooks, and company policy and procedures.

Prosecuting and defending trade secrets causes of actions.

Mr. Gipson’s representative international and complex litigation matters include:  

Representing a foreign government with respect to expropriation claims relating to a state-owned film company.

Representing an American software company in connection with copyright and trade secrets claims against a foreign government and leading computer companies.

Representing an American photographer in copyright claims against a foreign Internet company.

Mr. Gipson’s representative entertainment and media matters include:

Representing production companies with studios and networks with respect to deals and production services agreements regarding television pilots, straight to series orders, and feature films.

Representing production companies, networks and other rights holders with respect to distribution deals across multiple platforms, including theatrical, television, streaming, VOD, audio-only and satellite radio.

Representing producers and production companies as production counsel for television, feature films, OTT programming, streaming and one-off specials.

Mr. Gipson’s representative employment and executive counseling matters include:

Advising executives in contract negotiations with networks, studios and production companies.

Advising media and technology companies in connection with the retention and termination of “c level” executives and other high level employees.

Advising executives and employees upon their exit from entertainment, media and technology companies and start-ups.

Advising producers with respect to their production services agreements.

Mr. Gipson’s representative start-up matters include:

Creation and negotiation of company’s initial organizational documents on behalf of either the company or a founder through the articles of incorporation/organization, company bylaws and other founder agreements.

Advising with respect to private placements and representing companies, executives and investors during a start-up’s initial capital raises.

Negotiating and drafting companies’ initial debt and equity instruments.

Selected Results:

Sukyas v. Romania, et al, 2017 WL 6550588 (C.D. Cal. 2017) (granting motion for summary judgment in favor of the defendants Romania and RADEF Romania Film in connection with alleged expropriation claims).

Reinicke v. Creative Empire, LLC,  669 Fed.Appx. 470 (Ninth Circuit 2016) (upholding trial court’s award of summary judgment in copyright case  in favor of the start-up company defendant).

Boldface Licensing + Branding v.  By Lee Tillett, Inc., 940 F.Supp.2d 1178 (C.D. Cal.  2013) (granting a preliminary injunction for the trademark counterclaim plaintiff cosmetics company).

Mytee Products, Inc. v. Shop Vac Corporation, 2013 WL 5945060 (S.D. Cal. 2013) (ruling in favor of the defendant vacuum company in denying a preliminary injunction for trademark infringement).

CyberSitter, LLC v. The People’s Republic of China, et al, 2010 WL 4909958 (C.D. Cal. 2010) (ruling in favor of the software company plaintiff by denying motion to dismiss copyright and trade secrets complaint).