Results and Press

Fayer Gipson LLP Super Lawyers Profiles

Fayer Gipson founding partners Gregory Fayer and Elliot Gipson have repeatedly been named to the Super Lawyers list of top attorneys in the fields of IP and entertainment.

Fayer Gipson LLP Profile
Gregory A. Fayer Profile
Elliot B. Gipson Profile

Fayer Gipson Wins Victory for Top Hollywood Film Advertising Agency After 3-Week Trial

After six years of litigation and a three-week bench trial, Fayer Gipson won a near-complete victory on behalf of its clients: an award-winning Hollywood film advertising firm and three of its principals. The plaintiffs accused defendants of conspiring to bring about the downfall of their startup motion graphics advertising firm and siphoning off their alleged clients. After a three-week bench trial, in August 2021 the court found that there was no siphoning off of clients, nor were defendants responsible for the demise of the plaintiffs’ company. After seeking over $6 million in damages and interest, the court found in favor of three of the four defendants on all claims asserted against them, and awarded only nominal amounts for rent to be paid by the other defendant. The court also awarded approximately $140,000 in disputed equipment to defendants, while awarding only $40,000 in equipment to the plaintiffs. The court further awarded costs to be paid joint and severally by the plaintiffs to the defendants.

Fayer Gipson Wins Public Apology, Full Recantation and Admission of Frivolous Claims in 8-Figure Investor Fraud Suit Against Real Estate Investment Firm

In August 2021, after a year of hard-won discovery battles and the assertion of counterclaims, Fayer Gipson obtained an admission from the plaintiffs in a suit asserting 8-figure damages against Fayer Gipson client, Younan Properties, Inc., that their claims of investment fraud were “baseless, frivolous and without merit.” Plaintiffs also apologized to the defendants for bringing their frivolous claims and requested a full and unequivocal dismissal of their claims without any remuneration of any kind.

Fayer Gipson Represents The Sierra Club in a Pro Bono Lawsuit Against Tejon Ranch Company

Fayer Gipson represents The Sierra Club in a lawsuit over the failure of defendant land developers to make contractually required payments to support a wildlife conservancy following a landmark 2008 agreement wherein the defendant land developers agreed to fund and support the largest private wildlife conservancy in the state of California. Despite announcing the initial deal to great fanfare and press coverage, the lawsuit alleges that the land developers later reneged on their payment obligations on wholly pretextual grounds. The Sierra Club is joined by the Natural Resources Defense Council and four other plaintiff conservancy groups.

Fayer Gipson Represents Sega of America in Two Video Game Distribution Rows

Fayer Gipson represents Sega of America in two cases (one as plaintiff and one as defendant) involving disputes over Sega’s distribution of third-party producers’ video games. One case settled confidentially in December 2021. The other is ongoing.

Fayer Gipson LLP Wins Total Victory on Behalf of the Government of Romania and State-Run Film Company in Defense of International Misappropriation Suit

Fayer Gipson LLP represented the Government of Romania and RADEF Romania Film, Romania’s state-operated film company, against claims brought in the Central District of California by the heirs of the former owners of a Romania-based film company that was allegedly misappropriated by the former communist regime. In November 2020, the litigation, which lasted nearly five (5) years, was dismissed in its entirety on summary judgment by the U.S. District Court after remand from the Ninth Circuit Court of Appeal. The case involved complex aspects of the Foreign Sovereign Immunities Act and other international doctrines, such as the act of state doctrine and comity principles. Case ID: Sukyas v. Romania, U.S. District Court, Central District of California, Case No. CV 15-1946 FMO (JCx).

Fayer Gipson LLP Obtains Complete Dismissal of Suit after Successful Appeal

In August 2019, after convincing the California Court of Appeal to overturn an adverse judgment by the trial court, Fayer Gipson LLP won a complete dismissal on behalf of defendants in a contract dispute.

Fayer Gipson LLP Obtains 7-Figure Judgment in Dispute Over Tentpole Film Series Advertising

In June 2019, Fayer Gipson LLP obtained a 7-figure judgment on behalf of the plaintiff in a row over advertising for the latest installment in a major tentpole series of films.

Fayer Gipson LLP Settles Luxury Office Building Purchase Row

In March 2019, Fayer Gipson LLP successfully negotiated a resolution on behalf of the plaintiff in a complex dispute over the purchase of an 8-figure luxury commercial office building.

Fayer Gipson LLP Obtains Negotiated Dismissal of Contract Row

In June 2018, Fayer Gipson LLP obtained a successful negotiated resolution on behalf of the defendant in a contract dispute.

Fayer Gipson LLP Wins Total Arbitration Victory Against Client’s Former CFO

In April 2017, Fayer Gipson LLP achieved a complete victory in AAA arbitration proceedings against its client’s former CFO and his counsel for breaching a prior agreement between the company and the CFO. After holding a three-day evidentiary hearing, the arbitrator found in favor of Fayer Gipson’s client and against the former CFO and his counsel on all causes of action, and denied all of the former CFO’s counterclaims. In addition to damages and injunctive relief, the arbitrator awarded fees and costs jointly and severally against the former CFO and his counsel, totaling over half a million dollars. The Fayer Gipson team was led by Mr. Fayer and Ms. Millard.

Fayer Gipson LLP Successfully Defends $23 Million Investment Fraud Suit

In February 2017, Fayer Gipson LLP achieved an extraordinary result, settling – in the midst of trial – over $23 million in investment fraud claims against its clients in exchange for a “walkaway” settlement agreement in which both sides agreed to end the trial and dismiss their claims and counterclaims with neither side taking anything for their claims. Fayer Gipson took over as lead trial counsel less than four months before the trial began, and partner Gregory Fayer led a team of 6 trial attorneys from 3 different law firms at trial in Dallas, Texas.

Ninth Circuit Upholds Fayer Gipson’s Total Dismissal of Copyright Action Against Mango Languages

In October 2016, the Ninth Circuit upheld Fayer Gipson’s total dismissal at summary judgment of all claims against client Mango Languages in a copyright infringement suit. The trial court, in a published decision, ruled that any alleged use of plaintiff’s works by Mango was permitted under an implied non-exclusive license to use the works in question. Mango is the maker of one of the leading internet-based language learning programs, marketed primarily to schools, libraries and government institutions. Earlier, in January 2013, Fayer Gipson won dismissal of the plaintiff’s conversion and quantum meruit claims, which were preempted by the Copyright Act, as well as dismissal of plaintiff’s claims for attorneys’ fees, statutory damages, and punitive damages. That decision was selected by LEXIS as one of the “Top 10” copyright decisions for this period. Case ID: Reinicke v. Creative Empire LLC, U.S. District Court, Southern District of California, Case No. CV 12-01405 GPC (KSC).

Published/Available Decisions:
Reinicke v. Creative Empire, LLC, 669 Fed.Appx. 470 (Ninth Cir. October 6, 2016) (unanimously upholding summary judgment).
Reinicke v. Creative Empire LLC, F.3d , 2014 WL 3867489 (S.D. Cal. Aug. 6, 2014) (granting summary judgment in favor of defendant on copyright infringement claims)
Reinicke v. Creative Empire, LLC, 2013 U.S. Dist. LEXIS 9793 (S.D. Cal. Jan. 24, 2013) (dismissing conversion and quantum meruit claims, claims for attorneys’ fees, statutory damages and punitive damages).

Fayer Gipson LLP Wins Total Victory for Designer of Jet Airplane Interiors

In August 2016, Fayer Gipson LLP achieved a total victory in California state court on behalf of its client, Aero-Nasch Aviation, Inc., a leading designer and manufacturer of jet airplane interiors. The Court granted summary judgment in favor of defendants Aero-Nasch and its founder, William Onasch, on all causes of action asserted against them by a former minority owner of a jet engine cover business, Jet/Brella, which was jointly owned by Onasch and the plaintiff.

Fayer Gipson LLP Wins Total Victory on Behalf of German Film Fund Against Producers of Ray Romano/Zoe Deschanel Film

In August 2016, Fayer Gipson LLP won an arbitral award on behalf of its client, German-based film fund, Equity Pictures, against Myriad Pictures, producer of the Ray Romano/Zoe Deschanel film, Eulogy. The award of over $800,000 was for the entire claimed amount, including attorneys’ fees and costs. The case involved determinations of complex aspects of German law, under which the claims arose.

Fayer Gipson LLP Wins $1.6 Million Judgment for Leading Architecture Firm

In April 2016, Fayer Gipson LLP achieved a $1.6 million judgment on behalf of its client, CO|FXFOWLE Architects, against three developers of an $88 million Las Vegas development project. Earlier in the case, Fayer Gipson obtained a writ of attachment in the same amount ($1.6 million), and obtained sanctions awards against the defendants.

Fayer Gipson LLP Represents Natural Resources Defense Council in Connection with Pebble Mine Project

Fayer Gipson LLP is proud to represent international non-profit environmental advocacy group Natural Resources Defense Council (“NRDC”) in connection with its efforts to stop the infamous Alaskan “Pebble Mine” project. Robert Redford, an NRDC trustee, has called the project “an environmental disaster waiting to happen.” Fayer Gipson partner, Gregory Fayer, previously worked with NRDC for years in connection with its efforts to reduce the harm to whales, dolphins and other marine mammals caused by the U.S. Navy’s use of high-intensity sonar in training exercises. Mr. Fayer argued and won a preliminary injunction that was later reversed in part, but sustained in part, by the U.S. Supreme Court.

Fayer Gipson LLP Wins Total Dismissal of Claims re Film and T.V. Division of Largest Independent Church in U.S.

In August 2015, Fayer Gipson LLP won a total dismissal on behalf of its client Lakewood Church, led by Joel and Victoria Osteen, after a former business partner and producer, Robert Lee Smith, asserted claims for entitlement to a percentage of all revenues from any film, television, music, satellite radio or other entertainment-related project that the Church might sponsor. Fayer Gipson asserted claims for declaratory relief, and Smith countersued under a Desny idea submission theory and breach of oral and implied contract. On February 17, 2015, the Court granted Fayer Gipson’s motion to dismiss in its entirety. Plaintiff subsequently amended and Fayer Gipson again moved to dismiss and for sanctions. The plaintiff agreed to dismiss the claims with prejudice prior to the hearing, without conditions or settlement of the claims.

Fayer Gipson Partner Gregory Fayer Named by Daily Journal as Top IP Lawyer of 2014

Top California legal publication, The Daily Journal, honored Fayer Gipson partner, Gregory Fayer, as one of the top 75 IP lawyers in California in 2014, citing his numerous high-profile IP victories.

Fayer Gipson LLP Wins Jurisdictional Dismissal on Behalf of Global Delivery Network

In May 2015, Fayer Gipson LLP successfully achieved dismissal on jurisdictional grounds of its client, Global Delivery Network, a global commercial packaging and delivery service, from a suit involving claims brought by competitor, Landmark Global. Shortly after the dismissal, the claims between Landmark Global and one of GDN’s executives were resolved pursuant to a confidential settlement agreement.

KROMA Cosmetics Maker Wins Permanent Injunction against Kardashian Cosmetics Line

In June 2014, Fayer Gipson brought a successful conclusion to trademark litigation against Khloe, Kourtney and Kim Kardashian and Boldface Group, the distributor of the Kardashians’ KHROMA makeup line. In early 2013, Fayer Gipson filed federal trademark infringement and unfair competition claims on behalf of By Lee Tillett, Inc., the owner of the federally-registered KROMA® trademark for cosmetics. In March 2013, Fayer Gipson won a preliminary injunction prohibiting the defendants from further distributing their KHROMA cosmetics line after the court found that Tillett’s decade-old business would likely be destroyed absent an injunction. The court entered a permanent injunction in August 2013.

In March 2014, after Tillett’s counsel presented evidence showing apparent violations of the court’s injunction, the court held Boldface in contempt and ordered it to pay Tillett’s attorneys’ fees and to disgorge and pay Tillett all profits from goods sold in violation of the injunction.

In April 2014, the court tentatively denied in relevant part the Kardashians sisters’ motion to be dismissed from the case, finding that Tillett’s claims against the Kardashians for vicarious trademark infringement should go to trial. Shortly thereafter, the parties reached a settlement agreement. The case was dismissed per the terms of the confidential settlement in June 2014. The permanent injunction remains in place. Case ID: Boldface Licensing + Branding v. By Lee Tillett, Inc., Case No. 2:12-cv-10269 ABC, U.S. District Court, Central District of California.

Published Decision: BOLDFACE Licensing + Branding v. By Lee Tillett, Inc., 940 F. Supp. 2d 1178 (C.D. Cal. 2013) (granting injunction).

Press:
Daily Mail, 4/24/2014
Huffington Post, 3/13/2013
Hollywood Reporter, 3/13/2013
Hollywood Reporter, 1/11/2013

Fayer Gipson Wins $3.9 Million Judgment on Behalf of Munich-Based Film Fund in Dispute Over Film Distribution Proceeds

In March 2014, the Los Angeles Superior Court entered judgment for $3.9 million in favor of Fayer Gipson client, Munich-based film funding and production company, Equity Pictures, in a dispute over film revenues and proceeds against a prominent U.S. sales agent and distributor. The award included a $21,000 contempt award stemming from the opposing party’s failure to comply with the Court’s order requiring the defendant to submit to an accounting. The judgment was entered after Fayer Gipson prevailed on Equity’s breach of contract and accounting claims on summary judgment. Case ID: Equity Pictures v. Chumscrubber Distribution, LLC et al., Case No. BC 445914, Los Angeles Superior Court.

Fayer Gipson Wins Total Dismissal of Breach of Contract Suit Against Film Financier

Fayer Gipson successfully defended German film fund Equity Pictures against claims by a distributor of four Equity-funded films that Equity breached an alleged side agreement with the distributor. In March 2014, after several months of aggressive discovery aimed at undermining the allegations and showing that no side agreement existed, the distributor voluntarily withdraw its lawsuit its entirety on the eve of Equity’s bringing of a summary judgment motion and request for sanctions. There was no settlement agreement. Case ID: Triyar Companies, Inc. v. Equity Pictures et al., Case No. BC 445950, Los Angeles Superior Court.

Fayer Gipson Obtains Defeat of Request for Preliminary Trademark Injunction on Behalf of Client Shop Vac

Fayer Gipson successfully represented Shop Vac in defeating a motion for preliminary injunction brought by plaintiff Mytee Products in November 2013. In denying the injunction, the federal district court found that the plaintiff was unlikely to succeed on the merits of its trademark infringement claims and that it had failed to show irreparable harm. Following this decision, the case settled and was dismissed. Case ID: Mytee Products, Inc. v. Shop Vac Corp., 13CV1610 BTM (BGS), U.S. District Court, Southern District of California.

Available Decision: Mytee Products, Inc. v. Shop Vac Corp., 13CV1610 BTM BGS, 2013 WL 5945060 (S.D. Cal. Nov. 4, 2013) (denying preliminary injunction).

Fayer Gipson Settles Dispute Over Sale of Prominent Film and T.V. Advertising Business

Fayer Gipson successfully represented award-winning film and t.v. advertising companies, Drissi Multimedia and Drissi Advertising, and their founder in a dispute with media giant Deluxe Digital Studios over earn-out compensation due pursuant to Deluxe’s 2007 asset purchase agreement for the companies. Deluxe asserted counterclaims against Drissi founder for trademark infringement, theft of trade secrets and related claims. After Fayer Gipson achieved dismissal of key counterclaims on summary judgment, the case settled in August 2013 on undisclosed terms. Case ID: Drissi v. Deluxe Digital Studios, et al., Case No. BC 465358, Los Angeles Superior Court.

CYBERsitter Presses and Settles Trademark Infringement and False Advertising Claims Against Google, Net Nanny

In 2012, Fayer Gipson filed trademark and false advertising claims against Google and the maker of rival Internet content-filtering software program, Net Nanny, in connection with the use of Fayer Gipson client CYBERsitter’s mark in false advertisements displayed on Google’s AdWords platform. The complaint alleged that Google knowingly facilitated the display of the false ads in violation of both the Lanham Act and Google’s own trademark use policies.

In October 2012, the federal district court rejected Google’s motion to dismiss CYBERsitter’s state law claims under the Communications Decency Act, and also rejected Google’s motion to transfer the case to Silicon Valley. The case, which was closely watched for its implications for the use of third party trademarks by search engines as keywords and in advertising, was settled on undisclosed terms in May 2013. Case ID: CYBERsitter, LLC v. Google Inc. et al., U.S. District Court, Central District of California, Case No. CV 12-5293 RSWL (AJWx).

Published Decision: CYBERsitter, LLC v. Google Inc. et al., 905 F. Supp. 2d 1080 (C.D. Cal. 2012) (denying Google motion to dismiss state law claims and transfer venue).

Press:
National Law Journal, 10/26/2012*
Law 360, 10/25/2012**
Media Post, 10/26/2012
National Law Journal, 06/21/2012*

Fayer Gipson Wins Dismissal of Conversion and Quantum Meruit Claims in Top 10 Copyright Case of January 2013

On January 24, 2013, Fayer Gipson won dismissal of conversion and quantum meruit claims in a copyright infringement case filed against Creative Empire, LCC, creator of the Mango Languages foreign language learning programs on the basis that those claims were preempted by the Copyright Act. The order also dismissed plaintiff’s claims for attorneys’ fees, statutory damages, and punitive damages. On February 1, 2013, Lexis-Nexis cited the Court’s decision, and named the case to its list of the “Top Ten Copyright Cases for the Month of January 2013.” Case ID: Reinicke v. Creative Empire LLC, U.S. District Court, Southern District of California, Case No. CV 12-01405 GPC (KSC).

Published Decision: Reinicke v. Creative Empire, LLC, 2013 U.S. Dist. LEXIS 9793 (S.D. Cal. 2013) (dismissing conversion and quantum meruit claims, and claims for attorneys’ fees, statutory damages and punitive damages).

Fayer Gipson Defends Avion Private Jet Club, LLC Against Claims Brought By Former Business Associates

Fayer Gipson represented Avion Private Jet Club, a private jet membership-based company with a who’s who list of Hollywood clients, against claims brought by former business associates of the company, claiming in excess of $1 million in monies owed. Fayer Gipson defended the company and, in January 2013, settled the case for a small fraction of the demand. Case ID: Volgin v. Avion Private Jet Club, LLC, Los Angeles Superior Court, Case No. BC 463662.

Jury Holds Distributors of Ryan Reynolds Film, Just Friends, Liable for $3.7 Million Breach of Contract

In February 2012, Fayer Gipson obtained a $3.7 million judgment on behalf of a prominent German film finance and production fund for breach of a production and distribution agreement by a prominent U.S. film distributor. After a week-long trial in December 2011, a federal jury returned a unanimous verdict finding the defendants jointly liable for breach of contract under an alter ego theory, after defendants had formed a new company and transferred assets in an attempt to avoid payment. Case ID: Cinezeta Internationale v. Inferno Distribution, LLC et al., U.S. District Court, Central District of California, Case No. CV 10-9938 JFW(FMOx).

Press:
Hollywood Reporter, 10/26/2011

Fayer Gipson Obtains Dismissal of Tortious Interference with Contract Suit Against Film Financier

Fayer Gipson successfully defended the Cinerenta film fund – financers of around 50 Hollywood feature films – against allegations by a distributor that Cinerenta tortiously interfered with its alleged business relations. After aggressively pressing Cinerenta’s defense that the allegations against it were frivolous, the distributor agreed to voluntarily withdraw its claims against Cinerenta. There was no settlement agreement. Case ID: Inferno Distribution, LLC et al. v. Cinezeta Internationale et al., Case No. BC 469332, Los Angeles Superior Court.

Fayer Gipson Obtains Settlement of Ground-Breaking International IP Infringement Suit After Prevailing in Multiple Jurisdictional Battles

After prevailing in multiple jurisdictional battles fought over the course of two years, Fayer Gipson LLP, counsel for plaintiff, brought the high profile Green Dam software piracy litigation to a negotiated conclusion in April 2012. Plaintiff’s complaint alleged over $2 billion in damages stemming from the theft of Santa Barbara-based CYBERsitter, LLC’s software code, which was later incorporated into a censorware program promoted by the PRC and distributed by major international computer manufacturers to over 50 million end users. Pundits and experts opined that the case was unlikely to be heard by the U.S. courts since the bulk of the alleged infringement occurred overseas. Defendants’ counsel argued just that and urged the Court to dismiss the case, bringing several waves of jurisdictional motions. Plaintiff prevailed on each of these motions, setting key precedent on international jurisdictional and IP issues along the way. This case has been cited as a leading jurisdictional and IP infringement case in numerous legal textbooks, court opinions, and legal briefs. The case was dismissed pursuant to the settlement in April 2012. Case ID: CYBERsitter, LLC v. People’s Republic of China et al., U.S. District Court, Central District of California, Case No. CV 10-00038 JST(SHx).

Published Decision: CYBERsitter, LLC v. People’s Republic of China, 805 F. Supp. 2d 958 (C.D. Cal. 2011) (denying motion to dismiss for lack of personal jurisdiction, forum non conveniens and other grounds).

Press:
Bloomberg 2/8/2012
PC Mag 2/18/2011
National Law Journal, 8/3/2011*
Law 360, 8/4/2011**
Law 360, 7/13/2011**
Wired 1/7/2010
Bloomberg, 1/6/2010
BBC News, 1/6/2010
Financial Times 1/6/2010
New York Times, 1/6/2010

Fayer Gipson Obtains Stipulated Judgment and Permanent Injunction in Trademark Suit on Behalf of World Gym® in Federal Court

Fayer Gipson LLP successfully represented long-time client World Gym® in a trademark infringement and dilution case brought in federal court in Los Angeles against a non-California infringer. World Gym® obtained a stipulated judgment and an order for a permanent injunction in May 2012, requiring the defendant to cease and desist from the use of the plaintiff’s World® mark. Case ID: World Gym International IP, LLC v. World Fitness, Inc., U.S. District Court, Central District of California, Case No. CV 12-02551 ODW(FMOx).

Fayer Gipson Achieves Settlement of Dispute Over $275 Million Spyglass Film Fund on Eve of Trial

In January 2012, Fayer Gipson LLP obtained a settlement on the eve of trial in a suit involving claims relating to a $275 million credit facility that financed the production of over 15 major films including Star Trek, G.I. Joe and Dinner for Schmucks. The complaint alleged that the lead bank had mismanaged the credit facility, resulting in losses to the financing participants. Case ID: First California Bank v. Commerzbank Aktiengesellschaft et al., Los Angeles Superior Court, Case No. BC 449866.

Press:
Law 360, 7/21/2011**

Fayer Gipson Obtains Judgment for Client in Candy Trademark Row

In November 2011, Fayer Gipson LLP successfully represented the defendant in trademark cancellation proceedings before the Trademark Trial and Appeal Board. The TTAB entered judgment against the plaintiff, allowing the defendant to keep its registration for the mark Creepy Crawlers® in connection with candy. Case ID: JAKKS Pacific v. Morris National, Inc., Trademark Trial and Appeal Board, Case No. 92053369.

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