Software Performance Engagements

• Corbis v. Ofoto - We defended online photography service Ofoto, a subsidiary of Eastman Kodak, against first-impression claims of copyright and trademark infringement relating to the online sharing and exchange of photographs.   We obtained a successful settlement for our client. 

• Electronic Arts v. Granite Bay Software - We represented Granite Bay Software, Inc., a developer of action/game software programs, in a copyright infringement and breach of contract case against a distributor of computer and video games.  The action involved a dispute over the rights to software source code and the issue of whether certain successive game products were “derivative products” entitling Granite Bay to royalties.  We counterclaimed on behalf of Granite Bay for copyright infringement and unfair competition, and ultimately negotiated a successful settlement of the case.

• WinWay Corporation v. The Job Guys - We represented WinWay Corporation, the developer of software that assists users in obtaining a new job, in a copyright infringement action against the owners of a web site designed to provide services to job seekers.  The defendants were using a substantial portion of WinWay's software on their web site without authorization.  We obtained a favorable settlement for WinWay.

• Boldryev v. Frankel - We represented the original developer of WinAmp, the industry leading MP3 player, involving claims of fraud, copyright infringement, and partnership accounting by an alleged co-developer, following the sale of the company to AOL.  The case was successfully resolved.

• Diversified Collection Services, Inc. v. E.A. Smith - Obtained a judgment in excess of $1 million after trial in a AAA arbitration based on claims of breach of contract arising from a custom software development project for one of the nation’s leading student loan collection companies.

• Larkmead Vineyards v. Frank-Rombauer Cellars, LLC - On behalf of Larkmead Vineyards, a Napa Valley winery, we brought an anticybersquatting case against the defendant which had registered several domain names using our client’s trademarks LARKMEAD and LARKMEAD VINEYARDS.  A favorable settlement was obtained.

• Neohouse v. Autodesk Corp. - In this action involving a dispute over the development and licensing of a popular consumer software application, we represented the software developer, Neohouse.  After starting arbitration proceedings, the case was successfully resolved with the payment of a cash settlement to our client.

• Sabre v. ARC – Represented Sabre Inc. in claims against the Airlines Reporting Corporation for unauthorized use of data compiled by the Sabre Computerized Reservation System

• Sabre v. American Airlines – Represented Sabre Inc. in a court case and related arbitration over American Airlines' refusal to make all of its air fares available in the Sabre Computerized Reservation System.  The case settled with an agreement that, among other things, provided Sabre with its desired access to American's web fares.

• Sabre v. Northwest Airlines - Represented Sabre, the owner of the largest Global Distribution System in the world, in several cases against Northwest Airlines that were triggered by Northwest's announced $7.50 surcharge/fare increase imposed on tickets issued by travel agent's who use the Sabre GDS. Dueling suits were filed by Sabre in Texas and Northwest in Minnesota, alleging breach of contract. Northwest has added antitrust and related tort claims. We were successful in securing Sabre's chosen venue in Fort Worth, and Northwest's action was transferred and consolidated with Sabre's action there. We have also represented Sabre in a breach of contract/ unjust enrichment dispute over ownership of passenger reservation information, and in several major arbitrations

• Travelocity – We represent Travelocity in two separate pre-arbitration contract disputes involving the content on its well-known travel website.

• Visa International v. J. Frank Consulting - Represented Visa International and obtained a significant settlement through mediation based on claims of breach of contract and fraud in a custom software performance and development dispute involving Visa’s global customer support service software.

• Walmart.com USA, LLC – We represent one of the nation’s most well-known online retailers as its outside intellectual property counsel, advising on matters ranging from compliance with regulatory regimes, licensing matters, “spam” statutes (such as CAN-SPAM), advertising issues, patent and trademark matters, and the impact of new developments in the “e-tail” space.