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 specializes in entertainment, copyright, trademark and trade secrets law.  He represents the interests of content creators and intellectual property owners and licensees in the entertainment, media and business worlds.  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, multi-channel networks, and distributors as well as producers and entertainment and media executives.  His trademark and copyright practices are full service, from counseling and registration, to licensing, to representing clients in disputes before the Trademark Trial and Appeal Board, the Federal Circuit and in federal district courts.  Mr. Gipson has particular expertise in representing out-of-jurisdiction litigants in copyright and trademark infringement cases in California.   Mr. Gipson also represents clients in diverse industries with intellectual property issues, such as fashion, apparel, and food and beverage,  in business, contract, rights of privacy, rights of publicity, and trade secrets claims (as well as copyright and trademark claims) in state and federal courts and before mediators and arbitrators. Mr. Gipson has lectured regarding 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, Intellectual Property Lawyer of the Year by Lawyer Monthly, Media & Entertainment Lawyer of the Year by Corporate Live Wire, and been selected to the Southern California Rising Stars list by Super Lawyers.

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 previously practiced law at Latham & Watkins and Gipson Hoffman & Pancione.

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 recent entertainment and media matters include:

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

Representing multi-channel networks with respect to platform deals.

Representing company with respect to licensor content in connection with channel agreement for satellite radio station.

Representing production companies and producers with networks with respect to television pilots.

Representing multi-channel networks with respect to celebrity talent agreements and channel distribution agreements.

Representing new media production company as lead production counsel for high profile theme week consisting of thirty hours of programming on YouTube.

Representing multi-channel network defendant as lead counsel in copyright infringement lawsuit involving the alleged unauthorized use of celebrity photographs on defendant’s website.

Representing out-of-state publicly-held multi-media company defendant as lead counsel in copyright infringement lawsuit involving the alleged unauthorized use of celebrity photographs on defendant’s website.

Representing internet and mobile content company defendant as lead counsel in copyright infringement lawsuit.

Representing motion picture producers in finance, production and distribution agreements with a major studio.

Representing studio executive in contract negotiations with a major studio.

Representing production company with respect to a motion picture sales agency agreement.

Representing production company with respect to packaging agreement with a “big four” talent agency.

Representing plaintiff motion picture production company as lead counsel in copyright infringement claim against defendant motion picture distributor.

Representing defendant motion picture production company as lead counsel in federal trademark lawsuit where the plaintiff, owner of a reality television series, brought trademark infringement and trademark dilution claims with respect to defendant’s use of a title in connection with defendant’s feature length motion picture.

Representing production companies, publishers and talent in rights acquisition agreements.

Representing writer in literary agency agreement and publishing agreements.

Representing writers with respect to option purchase agreements.

Representing producers and talent in new media acquisition and distribution agreements.

Representing producers and production companies as production counsel for motion pictures.

Representing producers and talent in reality television talent services agreements.

Representing talent in a dispute regarding a rights of publicity claim in connection with a reality television series.

Representing producer with respect to indemnity claim against production company in connection with a motion picture.

Representing producer in a dispute regarding a rights of publicity claim in connection with a motion picture.

Mr. Gipson’s recent intellectual property litigation matters include:

Representing a professional photographer plaintiff with respect to copyright infringement lawsuit regarding photographs of celebrities in the United States District Court for the Central District of California.  The parties settled the case in June 2015.

Representing media company defendant with respect to copyright infringement claims regarding alleged unauthorized use of celebrity photographs in the United States District Court for the Central District of California.  The parties settled the case in May 2015.

Representing out-of-state defendant education company as lead counsel in copyright infringement lawsuit filed by plaintiff independent contractor in the United States District Court for the Southern District of California.  Obtained dismissal of statutory damages and attorneys fees, as well as the conversion claim, on a motion to dismiss.  Obtained judgment on copyright claim and quantum meruit claim on motion for summary judgment in August 2014.

Representing corporate defendant as lead counsel in trade secrets claim in Los Angeles County Superior Court.  Obtained voluntary dismissal of the case in July 2014.

Representing cosmetics company defendant and counterclaim plaintiff as lead counsel in trademark infringement lawsuit against publicly traded company, its affiliates and licensors in the United States District Court for the Central District of California.  Obtained a permanent injunction on behalf of the client.  The parties settled the case in June 2014.

Representing clothing retailer defendant as local counsel in copyright infringement lawsuit in the United States District Court for the Central District of California.  Obtained voluntary dismissal of the case in March 2014.

Representing well-known appliance company defendant as local counsel in trademark infringement lawsuit in the United States District Court for the Southern District of California.  Obtained a denial of a plainiff’s preliminary injunction motion and subsequent dismissal of the case in November 2013.

Representing out-of-state defendant online retailer as lead counsel in trademark infringement lawsuit filed by plaintiff competitor regarding alleged use of a mark in connection with a hair product in the United States Distict Court for the Southern District of California.  The parties settled the case in August 2013.

Representing defendant clothing retailer as lead counsel  in trademark infringement lawsuit involving allegations of distribution of counterfeit goods  in the Central District of California.  The parties settled the case in July 2013.

Representing defendant automobile part retailer as lead counsel against publicly traded automobile company plaintiff and its North American affiliate in a trademark and patent infringement lawsuit in the Central District of California.  The parties settled the case in July 2013.

Representing fitness company plaintiff as lead counsel in trademark infringement action against out-of-state competitors in the United States District Court for the Central District of California.  Obtained stipulated judgment for plaintiff and order for a permanent injunction against defendant in March 2013.

Representing out-of-state consumer services company as local counsel in trademark infringement, trademark dilution and unfair competition case in the United States District Court for the Central District of California.  The parties settled in February 2013.

Representing fitness company plaintiff as lead counsel in trademark infringement, false designation of origin, and trademark dilution matter in the United States District Court for the Central District of California. Obtained stipulated judgment for plaintiff and order for a permanent injunction against defendant in October 2012.

Representing plaintiff fitness company as lead counsel in trademark infringement and trademark dilution case in the United States District Court for the Central District of California. Obtained stipulated judgment for plaintiff and order for a permanent injunction against defendant in May 2012.

Representing food industry plaintiffs as lead counsel in arbitration regarding misappropriation of trade secrets concerning manufacturing formulae and processes used in the food industry. The case settled in February 2012.

Representing plaintiff software company as lead counsel in $2.2 billion copyright and trade secrets case against a sovereign nation and several international computer manufacturers. The case settled in January 2012.

Representing plaintiff fitness company as lead counsel in trademark opposition before the Trademark Trial and Appeal Board concerning marks used in the fitness and apparel industries. Obtained judgment for plaintiff in January 2012.

Representing food industry defendant as lead counsel in trademark cancellation proceeding before the Trademark Trial and Appeal Board concerning marks used in the toy and food industries. Obtained judgment for defendant in November 2011.

Representing corporate defendant in copyright, trademark, and trade dress infringement lawsuit in the United States District Court for the Northern District of Iowa concerning marks used in the food industry. Plaintiff alleged defendant’s packaging infringed upon plaintiff’s intellectual property. Plaintiff dismissed the case in October 2011.

Representing fashion industry defendant as lead counsel in trademark opposition proceeding before the Trademark Trial and Appeal Board concerning marks used on apparel.  The case settled in June 2011.

Selected Press/Articles:

The Daily Mail, April 24, 2014

Who’s Who Legal, 11/2013 

Los Angeles Daily Journal, 8/24/2013

The Daily Mail, 3/14/2013

The Hollywood Reporter, 3/13/2013

LexisNexis Top 10 Copyright Cases for the Month of January 2013, 2/1/2013

The Hollywood Reporter, 1/11/2013 

Los Angeles Daily Journal, 11/2/2012

Law 360, 10/25/2012

Business Week, 2/8/2012

PC Mag, 2/18/2011

Law 360, 8/4/2011

Law 360, 7/13/2011

Wired, 1/7/2010

Financial Times, 1/6/2010

Published/Available Decisions:

Reinicke v. Creative Empire, LLC, CV 12-1405-GPC KSC, 2014 WL 3867489 (S.D. Cal. Aug. 6, 2014) (representing defendant).

Mytee Products, Inc. v. Shop Vac Corporation, CV 13- 1610 BTM (BGS), 2013 WL 5945060 (S.D. Cal. Nov. 4, 2013) (representing defendant).

Boldface Licensing + Branding v. By Lee Tillett, Inc., CV 12–10269 ABC, 2013 WL 1684150 (C.D. Cal. March 22, 2013) (representing defendant and counterclaim plaintiff).

Boldface Licensing + Branding v. By Lee Tillett, Inc., 940 F. Supp. 2d 1178 (C.D. Cal. 2013) (representing defendant and counterclaim plaintiff).

Reinicke v. Creative Empire, LLC, CV 12-1405-GPC KSC, 2013 WL 275900 (S.D. Cal. Jan. 24, 2013) (representing defendant).

CYBERsitter, LLC v. Google Inc., CV 12-5293 RSWL AJWX, 2012 WL 5873650 (C.D. Cal. Oct. 24, 2012) (representing plaintiff).

CYBERsitter, LLC v. People’s Republic of China, 805 F. Supp. 2d 958 (C.D. Cal. 2011) (representing plaintiff).

CYBERsitter, LLC v. People’s Republic of China, CV 10-38-JST SHX, 2010 WL 4909958 (C.D. Cal. Nov. 18, 2010) (representing plaintiff).

Cent. Valley Gen. Hosp. v. Smith, 162 Cal. App. 4th 501, 75 Cal. Rptr. 3d 771 (2008) (representing appellant).

Selected Recent Honors/Awards:

Who’s Who Legal 2014Leading Practitioner in Sports and Entertainment Law

Lawyer Monthly – Intellectual Property Lawyer of the Year 2014 – USA

Corporate Live Wire – Media & Entertainment Lawyer of the Year 2014 – Los Angeles, CA

Super Lawyers Rising StarsEntertainment Law – Southern California 2014

ACQ5 Global Awards 2014 – Entertainment & Sports Law Firm of the Year – USA

Finance Monthly Law Awards 2014 –  Sports & Entertainment Law Firm of the Year – USA

Finance Monthly Global Awards 2014 – Entertainment & Sports Law Firm of the Year – USA