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Irwin IP’s lawyers have a long history of success in copyright infringement matters, and their experience involves a diverse range of media.  Our experience spans a wide range of industries, including computer software and other technology, financial services, engineering schematics, entertainment and media, toys and games, sculptural works, and automotive parts.  The best evidence of Irwin IP’s expertise in copyright matters is the fact that when a premier intellectual property law firm was sued for copyright infringement, it selected our founder, Barry Irwin, and Irwin IP to handle its defense.  Clients rely on Irwin IP to provide full service for all of their copyright needs.  For example, long-time client, Massarelli’s Lawn Ornaments, a leader in the lawn and garden statuary sector, continues to rely upon Irwin IP to protect and enforce its valuable designs, as well as defend it in copyright matters.

Irwin IP represents corporations and individuals in all phases of litigation, from obtaining and defeating initial TROs and preliminary injunctions through trial and any appeals.  Irwin IP is also experienced in asserting and defending claims under the Digital Millennium Copyright Act (DMCA).  Our attorneys understand copyright litigation and craft legal strategies with our client’s business interests in mind.  If it comes to trial, Irwin IP’s attorneys have experience actually trying cases and winning them.

On May 9, 2024, the Supreme Court held that copyright owners may obtain damages beyond the three-year statute of limitations under the Copyright Act.  As this case originated from a circuit that applies the discovery rule to the Copyright Act, the Supreme Court assumed that the discovery rule applied…
In a pivotal decision that could expand copyright protection in the digital media world, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court’s dismissal of world-renowned choreographer Kyle Hanagami’s complaint alleging Epic Games, Inc. infringes part of Hanagami’s dance that is registered…
Nothing can stop Fat Joe, he’s all the way up…except perhaps, the Second Circuit. On October 17, the Second Circuit overruled the S.D.N.Y.’s dismissal of a songwriter’s authorship claim to Fat Joe’s “All the Way Up” before any discovery could take place, based solely on the defendants’ assertion that…

Representative matters for Irwin IP, or its lawyers, include:

Ameriprise v. Oppenheimer.  Lead counsel for Ameriprise in a copyright infringement matter relating to personal financial management pamphlet, obtaining a permanent injunction against continued distribution of the infringing work.

B&P Littleford v. Prescott Machine. Lead counsel for Prescott Machine in copyright, trade secret, and trademark litigation against competitor B&P Littleford regarding use of schematics for industrial mixing machines, obtaining favorable settlement. 

Carrol Shelby Licensing v. Eleanor Licensing, LLC.  Lead counsel for Eleanor Licensing, owner of intellectual property to the “Gone in 60 Seconds” movie franchise, including the “Eleanor” car character, in copyright, breach of contract, and trademark litigation against Carrol Shelby Licensing and Classic Recreations for the right to make working replicas of the Eleanor car character.

Games Workshop v. Chapterhouse Studios.  Lead counsel for Games Workshop in copyright and trademark matter relating to hundreds of copyrights and trademarks over miniatures used in tabletop wargaming.  Favorable jury verdict resulting in the closing down of Chapterhouse Studios.

Massarelli’s Lawn Ornaments, Inc. v. Continental Studios, Inc.  Lead counsel for Massarelli’s in a copyright infringement matter relating to concrete statuary, successfully obtaining favorable settlement with sculptor and major distributor accused of distributing infringing works.

NextPulse v. Life Fitness.  Lead counsel for Life Fitness and its parent companies in copyright infringement and tortious interference matter relating to videos and software for use with fitness equipment.

The NOCO Company v.  Everything Aftermarket; The NOCO Company v. RV Parts Pro. Lead counsel for two online, aftermarket parts suppliers in separate actions defending against claims of selling unauthorized NOCO power supply products, violating its trademarks, copyrights, and authorized reseller agreements.  Favorably settled on behalf of clients and their affiliate, Keystone Automotive.

Dr. Shira Miller v. Dr. Thomas Rohde.  Lead counsel for Dr.  Miller in a matter asserting plagiarism of Dr. Miller’s frequently cited medical article by Dr.  Rohde, obtaining damages and an agreement to destroy all copies of the offending article.

John Wiley & Sons, Ltd. v. McDonnell Boehnen Hulbert & Berghoff LLP.  Lead counsel for MBHB in copyright infringement matter relating to submissions to the United States Patent and Trademark Office, successfully obtaining dismissal, leading to recovery of attorneys’ fees.

Zimnicki Litigations.  Lead counsel for Zimnicki in several copyright infringement matters relating to decorative Christmas light displays, obtaining numerous settlements totaling over seven figures.