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Samuel Fifer Media/Intellectual SAMUEL FIFER MEDIA/INTELLECTUAL PROPERTY CASE SUMMARIES Case Name Summary/Description Type of Case Duration of Case How Resolved AHP - Midway v. Stuart Hale Prosecute trademark Trademark Four years Obtained key ruling from Company, 1 F.3d 611 (7th Cir. infringement action for owner 7th Cir.; obtained 1993) of famous “PAM” mark injunction against marketer of “PAN- LITE” product. Lancaster Foundation, et al., v. Represented Journal of the Defamation High intensity for a We prevailed on Skolnick, et al., 21 Med.L.Rptr. American Medical couple of months; lower plaintiffs’ motion for a 1021 (N.D.Ill. 1992) Association and two of its intensity over another preliminary injunction editors against defamation year or so. and related skirmishing; claims brought by ultimately, plaintiffs organizations and individuals walked away. related to the Transcendental Meditation movement. The Big Ten Conference, Inc. v. Prosecute trademark and Trademark Pending We won permanent Joel Schwartz, et al., (E.D. Mich.) dilution claim against ticket injunction at bench trial; broker using name “BIG no appeal TEN.” FMC Corporation v. Capital Defended replevin case Replevin About 18 months Won at trial; affirmed in Cities/ABC, Inc., 915 F.2d 300 brought by defense contractor part and reversed in part (7th Cir. 1990) against ABC News, relating to on appeal. documentation for Bradley Fighting Vehicle. SAMUEL FIFER MEDIA/INTELLECTUAL PROPERTY CASE SUMMARIES Case Name Summary/Description Type of Case Duration of Case How Resolved Jack Leong, M.D. v. The Tribune Represented WBBM-TV Defamation Four months Plaintiff dropped claim Company, et al. (Cir. Ct. of Cook (CBS), defending defamation County) claim brought by physician claiming libel from accurate report of official proceeding. Fred Smith v. City of Chicago, et Represent City News Bureau Defamation One year Dismissed following al. (N.D.Ill.) of Chicago against defamation various defendants’ claim brought by Cook motions to dismiss County Hospital official based on report of official action taken by Chicago Policy officers. John Beland, et al. v. Morton Defend producers and staff Copyright; mis- Six months Plaintiffs walked away Downey, Jr., et al. (N.D. Ill.) members of national radio talk appropriation show against claims concerning rights to theme music. Emmis Broadcasting Corp. v. Prosecuted trademark Trademark Ten months Settled Century Broadcasting, Inc. infringement action against (N.D. Cal.) competitor in San Francisco market over use of “POWER” designation. - 2 - SAMUEL FIFER MEDIA/INTELLECTUAL PROPERTY CASE SUMMARIES Case Name Summary/Description Type of Case Duration of Case How Resolved American Society of Real Estate Defend claims of trademark Trademark Two years Settled following Counselors v. General Electric infringement by owner of mediation Capital Corp. “CRE” designation for real (N.D. Ill.) estate practitioner against user of “CRE.NET” for on-line real estate brokerage services. Sands, Taylor & Wood Co. v. The Represent plaintiff (beginning Trademark Three years Following remand of Quaker Oats Co. 978 F.2d 947 (7th at first appeal) in trademark judgment granted Cir. 1992), cert. denied, 507 U.S. infringement litigation based plaintiff after first trial 1042 (1993), 34 F.3d 1340 (7th Cir. on unauthorized use by for purposes of 1994) Quaker of plaintiff’s THIRST recalculating award, AID mark judgment in excess of $25,000,000 was sustained on appeal, at the time the largest trademark infringement judgment ever sustained on appeal. United Phosphorous, Ltd. v. Defend defamation claims Defamation Just over 4 years On eighth day of trial, Greenpeace International, et al. brought by Indian chemical settled; mis-trial (Cir. Ct. of Cook County) company against publisher of declared. environmental pamphlet - 3 - SAMUEL FIFER MEDIA/INTELLECTUAL PROPERTY CASE SUMMARIES Case Name Summary/Description Type of Case Duration of Case How Resolved Phillip Andrew v. CBS, Inc., et al. Defend producer Hearst Privacy-publicity Eight months Settled (N.D. Ill.) Entertainment and CBS, Inc. against invasion of privacy, right of publicity claim brought by individual depicted in docudrama Donna Norbut v. Jill Adams, Alice Defend producer and staff Defamation, false Six months Settled McGee and Harpo Productions, members of “Oprah Winfrey light privacy Inc. Show” against defamation and (Cir. Ct. of Cook County) false light claims brought by talk show guest IBM v. Hallmark Data Systems, Prosecute copyright Copyright One Year Settled Inc. infringement claim against (N.D.Ill.) reseller, asserting unauthorized reproduction of System 36 operating system software Lain v. IBM Defend trademark Trademark Eight months Settled (N.D. Ill.) infringement claim involving asserted misuse of product name in IBM’s promotional literature - 4 - SAMUEL FIFER MEDIA/INTELLECTUAL PROPERTY CASE SUMMARIES Case Name Summary/Description Type of Case Duration of Case How Resolved Juno Lighting, Inc. v. All-Fit Prosecute claims of unfair Unfair Two years Agreed injunction Recessed Trim, Inc. competition by lighting competition, entered company against competitor § 43(a) who wrongfully claimed product compatibility with plaintiff’s goods. Juno Lighting, Inc. v. Elco Prosecute claims of unfair Unfair Six months Agreed injunction Lighting competition by lighting competition, entered (N.D. Ill.) company against competitor § 43(a) who wrongfully claimed product compatibility with plaintiff’s goods AMP Plus, Inc., d/b/a Elco Defend declaratory judgment Patent, trademark One month Settled Lighting v. Juno Lighting, Inc. claims relating to trademark and copyright (C.D.Cal.) registrations, design patents and copyrights Juno On-Line Services, L.P. v. Represent Juno Lighting, Inc., Trademark; Fourteen months - settled. We counterclaimed for Juno Lighting, Inc. owner of “JUNO” mark, dilution infringement and (N.D. Ill.) against newcomer, user of dilution. The case has “JUNO.COM” - declaratory since been settled. We judgment action involving obtained a favorable trademark infringement and opinion, published at 979 dilution counter-claims F. Supp. 684 (N.D.Ill. 1997). - 5 - SAMUEL FIFER MEDIA/INTELLECTUAL PROPERTY CASE SUMMARIES Case Name Summary/Description Type of Case Duration of Case How Resolved Luther Haynes v. Alfred Knopf, Defend author and publisher Defamation, Eighteen months Obtained summary Robert Knopf, et al. of The Promised Land against privacy judgment; affirmed on 8 F.3d 1222 (7th Cir. 1993) claims of defamation and appeal. invasion of privacy. Multimedia Entertainment, Inc. v. Prosecute breach of contract Breach of contract Four months Settled Burnham Broadcasting, Ltd. and and promissory estoppel SF Broadcasting of Green Bay, claims against assignee of Inc. license agreement to telecast (N.D. Ill.) syndicated programming when assignor refused to honor commitment to telecast programs. Steven Goldstein v. Multimedia Defend defamation action Defamation Eight months Voluntarily dismissed. Entertainment, Inc., and Universal brought by former talk show Pictures producer (D. Conn.) Steven Goldstein v. Multimedia Defend claim of fraudulent Fraud; promissory Six months Motion to dismiss Entertainment, Inc. and Universal inducement to hire and estoppel granted in part; settled Pictures promissory estoppel brought (N.D. Ill.) by former talk show producer - 6 - SAMUEL FIFER MEDIA/INTELLECTUAL PROPERTY CASE SUMMARIES Case Name Summary/Description Type of Case Duration of Case How Resolved Michael Corbitt v. NBC and Defended producer and Defamation Matter of Days Motion for preliminary Multimedia Entertainment, Inc. licensee of made-for-TV injunction resisted; 20 Med.L.Rptr. 2037 (N.D.Ill. movie, based on notorious claims dismissed. 1992) crimes, against claims made by convicted police official that his reputation and ability to appeal his conviction would be harmed by telecast. Bradley Frank, et al. v. Multimedia Defend producers of “Sally Invasion of Two years Numerous substantive Entertainment, Inc. Jessy Raphael Show” and privacy, claims by plaintiffs (Cir. Ct. of Cook County) others, against numerous intentional and dismissed on motion; claims brought by individual, negligent infliction numerous defendants and family members, arising of emotional dismissed on motion; out of attempt to secure distress. sole remaining claim for appearance on nationally emotional distress settled telecast talk show. 14 days before trial Jones v. McGee Defend Multimedia Battery, fraud One Year Motion to stay and (Cit. Ct. of Cook County) Entertainment, Inc., and compel arbitration several individuals associated granted; plaintiff failed with “The Jerry Springer to initiate arbitration Show” against claims asserted by guest on talk-show arising out of a fight that broke out between guests. - 7 - SAMUEL FIFER MEDIA/INTELLECTUAL PROPERTY CASE SUMMARIES Case Name Summary/Description Type of Case Duration of Case How Resolved Stephanie Lloyd v. Multimedia, Defend producers of “The Defamation; Six months Settled Inc. Jerry Springer Show” against wrongful (N.D.Ill.) claims brought by former termination employee who claimed defamation based on statements allegedly made by her employer made during the course of an internal investigation that led to her dismissal Tracy Pemerton v. Multimedia Claim by guest on “The Jerry Negligence; fraud 18 months Motion to stay and Entertainment, Inc. Springer Show” that compel arbitration; case (N.D.Ill.) producers negligently allowed settled prior to another guest on the show to arbitration attack him, and defrauded him by failing to warn
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