Seth A. Gold

Entertainment

• Obtained judgment of dismissal for authors and publishers of a Billboard 1995 number one song in a copyright infringement action involving musical work
• Obtained dismissal on the basis that First Amendment protected musicians’ expression for a famous rock band in high-profile lawsuit alleging the band’s music and lyrics incited violence
• Represented a major motion picture studio in a trademark and copyright infringement action arising out of story and character rights in famous property
• Obtained judgment in excess of $6 million for lenders in fraud and breach of contract action arising out of motion picture financing
• Represented famous actor in trademark and cyberpiracy action, involving personal jurisdiction, Commerce Clause, and First Amendment issues, against foreign internet website operator regarding domain name registration
• Represented member of iconic band against other member in dispute over use of trademarks in merchandising

Intellectual Property and False Advertising Litigation

• Obtained a $9.8 million judgment for a famous tuna fish distributor in a trademark infringement action
• Obtained injunction and money judgment for a famous coffee company in trademark infringement, trademark dilution, and copyright infringement action
• Successfully opposed motion for preliminary injunction in trademark dilution and trade dress infringement action on behalf of a creator/distributor of cosmetics app (case subsequently settled)
• Represented famous building products company in trademark infringement action based on keyword advertising practices and obtained dismissal of tortious interference claim
• Represented compounding pharmaceutical company in false advertising action involving, among other things, relationship between FDA labeling requirements and the Lanham Act
• Represented respondent in International Trade Commission matter involving trade dress claims, in which complainant withdrew without settlement on eve of expert reports
• Represented large online famous ticket sales and distribution company in putative class action alleging Consumer Legal Remedies Act and related claims arising out of online purchase interface
• Obtained consent judgment for a famous maker of headphones in trademark infringement action

General Commercial Litigation/Other

• Successfully represented an online subscription service against claims pursuant to California’s Automatic Renewal Law and Unfair Competition Law
• Represented online provider of goods in putative class action alleging violations of California’s Consumer Legal Remedies Act, among other laws, relating to continuity subscription
• Represented victim of “revenge porn” campaign in a copyright and personal injury action and obtained $6.45 million judgment; one of the largest judgments in an action involving nonconsensual pornography, which was reported in media throughout the world, including The New York Times, CNN, BBC, and the Los Angeles Times
• Obtained judgment for defense and an award in excess of $1.15 million in legal fees and costs for an electronics parts company and its supplier in a trade secret and breach of contract action proceeding through jury trial
• Obtained a ruling for a famous online dating company that First Amendment and litigation privilege does not insulate defendant from liability for breach of non-disparagement agreement arising out of defendant’s statements made in litigation against third-party
• Represented online advertising network in lawsuit alleging misappropriation of trade secrets related to optimization technology for serving banner advertisements across the internet
• Represented medical center in dispute regarding, among other things, whether arbitration provision could be invoked
• Represented doctor in defamation lawsuit arising out of competitor’s statements that were directed to standard of care
• Represented online advertising network in action alleging breach of contract and fraud arising out of the provision of lead generation services
• Represented a tax-exempt corporation in action for breach of fiduciary duty, self-dealing, and related business torts against former chairman/executive director
• Represented a lighting manufacturer in an alleged business tort matter arising out of distribution contract for foreign entity’s lighting products

These matters occurred prior to joining Barnes & Thornburg.

• Panelist, "Knowing Your Client’s Rights," Who's Protecting Your Rights in Cyberspace? A Cyber Security and Privacy Summit, Pepperdine University, April 16, 2020
• Panelist, "Internet Marketing and Intellectual Property Management and Enforcement," ACC-SoCal Sports and Entertainment Conference, June 2016
• Panelist, "Marketing and Adverting Injuries – Are You Covered?," Association for Corporate Counsel Southern California Chapter, In-House Counsel Conference, Jan. 2014
• Guest Lecturer, Pepperdine University, "Whether the First Amendment Acts as a Bar to Liability for Violence that Allegedly Motivated by Music or Film," various dates

• Mentioned, "Vitec Electronics v. Schneider Electric USA, Veris Industries, and Pacific Transformer’s Trade Secret Action," Global Legal Chronicle, September 18, 2019
• Co-Author, “Embarking on an Augmented Reality Campaign?  Legal Issues for Advertisers to Consider,” 2019 ANA/BAA Marketing Law Conference, Law/Forms Guide 2019
• Quoted, “$6.4 Million Judgment in Revenge Porn Case is Among Largest Ever,” The New York Times, April 11, 2018
• Quoted, “Man order to pay nearly $6.5 Million to ex-girlfriend in L.A. ‘revenge porn’ case,” Los Angeles Times, April 10, 2018
• Quoted, “Woman awarded $6.45 million in revenge porn case,” CNN, April 9, 2018
• Staking Their Claims to ‘Je Suis Charlie’: The French trademark office rejected a registration bid, but other jurisdictions are more permissive, The National Law Journal, Feb. 9, 2015