Representative Matters
Intellectual Property: Larry counsels clients and litigates on their behalf at the intersection of intellectual property and content creation, including copyrights and trademarks; patents; unfair competition; the right of publicity; defamation; clearances and fair-use analysis for films, plays, music and products; and the licensing of intellectual property rights.
Recent Representative Matters in Intellectual Property:
- Larry counsels and litigates on behalf of Mattel, Inc. in a variety of intellectual property matters, including providing clearances for the Barbie®, Hot Wheels®, Fisher-Price®, and American Girl® brands;
- Larry and his team prevailed on the appeal from the dismissal by the Los Angeles Superior Court of an idea submission case brought against Mattel by toy inventor Technology from Heaven (TFH). TFH claimed that Mattel had misappropriated its idea for Mattel’s iconic Barbie doll to fly by standing on a drone. In 2019, KHIKS obtained dismissal of the case in the trial court by successfully arguing that under applicable New York law, TFH’s idea lacked the novelty required to support an implied contract for Mattel to pay TFH for the idea. On February 26, 2021, the California Court of Appeal issued its Opinion affirming the dismissal.
- Larry and his team obtained summary judgment against a writer who claimed to own (and sought to recapture) a copyright interest in Mattel’s Masters of the Universe franchise, thereby paving the way for the development of new live action and animated content including the 2021 Netflix animated series Masters of the Universe: Revelation.
- Larry and his team recently resolved a lawsuit pending in federal court in the Central District of Florida arising from a cross-licensing dispute concerning monster trucks.
- Larry handled trademark opposition proceedings concerning the Motown Metal line of Hot Wheels® cars.
- Larry counsels and litigates on behalf of SeaWorld Parks and Entertainment, which operates 11 U.S. theme parks, including SeaWorld and Busch Gardens, on a number of intellectual property issues, recently including the defense of a complex trademark infringement lawsuit concerning SeaWorld’s Aquatica water parks. After defeating the plaintiff’s motion for a preliminary injunction, and filing a motion for summary judgment, the case was settled at mediation, and SeaWorld now owns the registered trademark AQUATICA and the URL aquatica.com.
- Larry and his team represent an artist in a dispute with OpenSea concerning the marketing of NFTs (non-fungible tokens) of the artist’s work.
- Larry defended actor Jason Patric in an injunction proceeding seeking to bar Mr. Patric from using his son’s name in connection with Patric’s parental alienation support group, “Stand Up For Gus.” Relying on the First Amendment, Mr. Iser persuaded the Court to deny the requested injunction.
- Larry successfully represented an Internet marketing company against claims by Intel Corp. that the marketing company was infringing Intel’s trademarks.
- Larry has long served as United States copyright counsel for Roland Corporation. Larry leads a KHIKS team handling a wide variety of intellectual property issues, recently assisting Roland in responding to an offshore company that created phony Roland websites.
- Larry and his KHIKS colleagues represented Roland DGA Corporation, the world’s leader in integrated printer/cutters for sign-making in the durable graphics market, in complex patent litigation pending in the District of Connecticut concerning a patent for print/cut technology for sign-making.
- Larry represented Roland in a patent infringement action in the patent “rocket docket” of the Eastern District of Texas, securing a rare victory on a motion to transfer for inconvenient forum in a case concerning LCD screen technology.
- Larry represented Roland defending claims that Roland’s Rhythm Coach® line of drum practice pads infringed a patent for cadence-providing drum practice technology.
Music Business: Larry has earned a national reputation for his work in the music business concerning contracts, auditing, digital distribution, licensing and intellectual property issues. During his career, Larry has represented iconic artists including The Beatles, Michael Jackson, Jackson Browne, Crosby, Stills & Nash, David Byrne, Richard Carpenter, The Ira Gershwin Music Trust, The Johnny Mercer Estate, The Doors, The Rick James Estate, The Janis Joplin Estate, The M.C. Hammer Bankruptcy Estate, The Wiggles, Intocable, and Branford Marsalis, as well as companies including Roland, Apple Music, Spotify, Warner/Chappell, eBay/StubHub, Yahoo!, Univision Music, Spectrasonics, Third Side Music, Reach Music Publishing, Maverick Records, Fat Possum Records and ICM Partners.
Recent Representative Matters in the Music Business:
- Larry and his team represent producers Justin and Jeremiah Raisen, and Justin “Yves” Rothman in litigation with recording artist Lizzo over the authorship of the hit song “Truth Hurts.”
- Larry and his team represent music publisher Third Side Music with respect to various infringements of the Sofi Tukker hit song “Best Friend.”
- Larry and his team represent Reach Music Publishing in the United States District Court against claims by William Drayton aka Flavor Flav for breach of contract and copyright infringement arising out of the exploitation of the publishing catalog of the groundbreaking hip hop group Public Enemy.
- Larry represented several iconic artists, including Jackson Browne, Crosby Stills & Nash and Richard Carpenter in successfully resolving audit claims against their respective record companies, including claims that the record companies failed to properly account for digital streaming and licensing income.
- Larry represented Warner/Chappell Music Publishing defending claims brought by the heirs of Mack David, the lyricist who wrote the English lyrics to the French song La Vie En Rose in 1950 and assigned his rights to Warner/Chappell’s predecessor. David’s heirs claimed that Warner/Chappell and its predecessors failed to pay music publishing royalties dating back to 1950. After Larry and his team filed motions for summary judgment, the matter was settled.
- Larry represented singer/songwriter Jackson Browne in his groundbreaking lawsuit alleging that Republican candidate for President John McCain, the Republican National Committee and the Ohio Republican Party infringed Mr. Browne’s copyright and trademark rights and violated Mr. Browne’s right of publicity by including Mr. Browne’s famous recording “Running On Empty” in a 2008 campaign commercial. After defeating the defendants’ various motions to dismiss the suit, the case was settled on confidential financial terms and a public apology from the defendants, accompanied by a pledge “to respect and uphold the rights of artists and to obtain permissions and/or licenses for copyrighted works where appropriate.”
- Larry represented singer/songwriter David Byrne in a lawsuit against then-Florida Governor Charlie Crist arising out of the unauthorized use of Mr. Byrne’s song “Road To Nowhere” in a 2010 commercial for Crist’s campaign for U.S. Senate. The case was resolved by a confidential financial settlement, as well as a filmed public apology broadcast on YouTube.
- Larry represented eBay unit StubHub against claims brought by its competitor, Ticketmaster, that StubHub was interfering with Ticketmaster’s exclusive agreements with concert venues.
- Larry represented a prominent ticket broker against Ticketmaster for various claims of the broker, who, acting as a consultant, guided Ticketmaster’s entry into the secondary ticketing business.
- Larry represented an individual accused by Ticketmaster of using “bots” to secure concert tickets.
- Larry represented Roland in a case of first impression that established the validity of Roland’s copyrights in the digital sound recordings contained in Roland’s musical instruments.
- Larry represented the Ira Gershwin Music Trust in complex copyright litigation in the Southern District of New York arising from the administration of the Trust’s music publishing interests outside the United States.
Motion Pictures and Television: Larry has advised and litigated cases on behalf of actors, directors, producers, distributors, personal managers, talent agents, television networks and motion picture studios. Mr. Iser routinely advises his clients on matters concerning contracts, copyright, fair-use, clearances, right of publicity, defamation, and relationships with talent agents and personal managers.
Recent Representative Matters in Motion Pictures and Television:
- Larry and a KHIKS team currently represent Mattel against claims by a television financier that the ABC Television series The Toy Box was developed by Mattel based on ideas submitted by the financier.
Class Action Defense: Larry and his team have substantial experience defending class action lawsuits in both state and federal court.
Recent Representative Class Action Matters:
- Larry and his team obtained dismissal of a putative class action against SeaWorld relating to the Covid-19 pandemic filed in federal court in San Diego. The lead plaintiff, who had purchased annual passes for SeaWorld San Diego by way of interest-free monthly payments, claimed that SeaWorld’s collection of the monthly payments following the temporary closure of the park violated California’s consumer protection laws. The entire case was dismissed in response to SeaWorld’s motion to dismiss the lawsuit for failure to state a claim.
- Larry and his team prevailed in the trial of a consumer fraud lawsuit originally brought as a putative class action, conceived of and backed by anti-SeaWorld advocacy group Earth Island Institute, pending in the United States District Court for the Northern District of California. The lawsuit was brought by individuals who were recruited by Earth Island to act as plaintiffs after they used social media to criticize SeaWorld. Throughout the lengthy and complex litigation, which was initially filed as a class action, SeaWorld contended that the plaintiffs lacked legal standing because they had not actually purchased SeaWorld tickets or souvenirs and had not relied on any statements by SeaWorld. After obtaining a key ruling bifurcating the trial into two phases (standing and liability), the standing phase went to trial in early March 2020 in Oakland. On October 13, 2020, United States District Judge Jeffrey White entered Findings of Fact, concluding that neither plaintiff had standing, as well as a final Judgment in favor of SeaWorld.
- Larry successfully represented a winery against a class action lawsuit concerning underlying water rights.
Real Estate: Larry advises real estate clients and litigates disputes involving breach of contract, fraud, specific performance, brokers’ commissions, landlord-tenant, easements, tree cutting and other neighbor disputes, construction defects, and partnership disputes. Larry has long served as outside litigation counsel for real estate developer The Watt Companies.
Recent Representative Matters in Real Estate:
- Larry and his team successfully represented longtime client The Watt Companies against a commercial tenant who filed multiple lawsuits in an unsuccessful effort to terminate various leases and for damages.
- Larry and his team represented a homeowner in Lake Arrowhead in a property line/ prescriptive easement dispute with her neighbor, during which the neighbor trespassed onto our client’s property with a bulldozer and demolished our client’s parking structure. After five years of litigation, including a lawsuit against the neighbor for trespass and to declare a prescriptive easement, as well as a bad faith lawsuit against our client’s title insurance company, the litigation was settled and the client was able to rebuild her parking structure on land that includes a permanent easement onto the neighbor’s property.
- Larry successfully defended a popular public golf course against a landlord’s efforts to close the golf course in order to build condominiums.
Employment: Larry represents both executives and employers in employment disputes, including claims for breach of employment contracts, wrongful termination, employment discrimination, hostile work environment and sexual harassment, and workplace safety and injury.
Recent Representative Matters in Employment:
- Larry was lead trial counsel in the successful defense of four highly publicized citations issued against SeaWorld San Diego by Cal/OSHA falsely alleging that SeaWorld failed to effectively identify and evaluate hazards to its employees arising from certain training interactions with SeaWorld’s killer whales.
- Larry represents a studio executive prosecuting claims for wrongful termination in violation of public policy, discrimination based on sexual orientation, hostile work environment, breach of contract and fraud.
- Larry represented a reality television production company defending claims by a senior executive that the company failed to honor an agreement to share in the proceeds from the sale of the production company.
- Larry has counseled and/or litigated on behalf of a number of clients from the motion picture, television and music industries concerning claims of sexual harassment.
- Larry successfully represented Mattel against a financial “whistleblowing” charge brought by a former Senior Vice President.
Other Commercial Disputes: Larry regularly represents clients in commercial disputes involving breach of contract, licensing, insurance coverage, bad faith and subrogation, franchising, partnership disputes and dissolution, and commercial torts. Larry’s clients have included manufacturers, importers, lending institutions, law firms, accounting firms, oil and gas companies, airlines, and numerous entrepreneurially oriented companies.
Recent Representative Commercial Matters:
- Larry counsels and litigates on behalf of Mattel with respect to a variety of licensing issues across Mattel’s brands. Larry and his KHIKS team recently represented Mattel in the lengthy jury trial of a complex licensing dispute, obtaining a defense jury verdict against board game designer who alleged that Mattel breached a license agreement for the distribution of the game Outburst! After successfully defending the jury verdict on appeal, Mattel was awarded (and collected) 100% of its attorneys’ fees and costs.
- Larry represented Saban Brands in resolving disputes with Bandai, the master toy licensee for Saban’s famous brand the Mighty Morphin’ Power Rangers and in transitioning the master toy license from Bandai to Habsro.
- Larry successfully prosecuted claims of breach of contract and bad faith insurance practices against a leading title insurance company.