mediator, arbitrator and Administrative Law Judge 

Michael R. Diliberto, Esq.

Entertainment/Intellectual Property

representatives cases

  • Claim for monies due for services rendered by overseas technical support company for a web hosting company.

  • Trademark infringement action regarding defendants’ use of plaintiff’s trademarked phrase in greeting cards.  The case involved interpreting the “Rogers” test as to whether defendants’ use of the mark “explicitly misleads consumers as to the source or the content of the work.”

  • Claims for misappropriation of name, photograph and likeness under Civil Code section 3344 brought by six models against a nightclub for unauthorized publication of the models’ photographs in advertisements.

  • Trademark infringement action regarding defendants’ use of plaintiff’s trademarked phrase in greeting cards. The case involved interpreting the “Rogers” test as to whether defendants’ use of the mark “explicitly misleads consumers as to the source or the content of the work.”

  • Film distributor sought return of minimum guarantee license payment from movie studio due to alleged blocked release of film by Chinese censorship authorities.

  • Claim by estate of famous deceased rap music artist against photographer for ownership and exploitation rights in photographs taken of the music artist

  • Copyright infringement action against director of motion picture who allegedly used footage from the film he was hired to direct to create a separate film that he licensed in Europe.

  • Copyright infringement claims for unauthorized use of music in motion pictures, television shows and sound recordings.

  • Copyright infringement action against major motion picture studio for its unauthorized use of photographs created by famous photographer for cover of DVD re-issue of iconic television series.

  • Copyright infringement claim for use of protected design patterns used in allegedly infringing clothing.

  • Copyright infringement claims for use of copyrighted software, technology, and consumer products.

  • Copyright infringement action by comic book writer against major motion picture company and comic book company for using his characters in a major motion picture and product merchandising.

  • Copyright infringement action against major rap music label for unauthorized use of sound recording licensed to major motion picture studio for use in film soundtrack.

  • Dispute between personal managers and multi-platinum rock band over ownership of copyrights and licensing rights in sound recordings and music publishing.

  • Dispute between famous pop group members and music publisher over song royalties.

  • Dispute between personal mangers and reality television star over manager commissions.

  • Infringement claims for use of trademarks on clothing, footwear, and a variety of consumer products.

  • Infringement claims for trademarks used in catalogs, brochures and advertising materials.

  • Claim for trademark infringement as a result of alleged breach of licensing agreement for use of mark in connection with defendant’s clothing and jewelry.

  • Trademark claims in band names by members of prominent rock bands and rap groups against competing former band members.

  • Infringement claims brought by the estates of famous deceased actors and recording artists against alleged infringers using their name, likeness, and trademarks.

  • Claims of dilution of trademarks brought by publicly traded internet-based retailer against competitors using confusingly similar trademarks and domain names.

  • Trade dress infringement matters involving a variety of product configurations, such as cosmetic and perfume bottles, water art sculptures, motorized tie racks, footwear, product packaging, and other consumer products.

  • Claims for misappropriation of name and likeness under Civil Code section 3344 brought by a well-known body builder whose image was used to promote vitamin and health products.

  • Utility patent infringement case by owner of heat treating system used to kill pests against group of water damage repair and restoration companies using heat in their drying process.

  • Utility patent claims for bicycle pumps, photo booths, instrument flight cases, and a variety of consumer products.

  • Design patent claims for motorized tie racks, perfume bottles, cosmetics, automotive industry forms, artwork, and a variety of consumer products.

  • Domain name infringement and cases brought under the Anticybersquatting Consumer Protection Act.

  • Initial interest confusion and claims of consumer confusion and damages caused by the redirecting of similar domain names by a competing business to their own website.

  • Issues of internet jurisdiction and venue. Company based in Los Angeles used domain name for its website which displayed its goods. Plaintiff sued Defendant in Seattle, Washington, claiming jurisdiction existed for a federal court action filed in Seattle, Washington.

  • Trade secret disputes concerning theft and use of customer lists; use of ingredients used for competing health products; theft and use of product and pricing information for competing business; use of business methods and plans; and other matters.

  • Claim for misappropriation of trade secrets used for manufacturing works of art.

  • Claim for use of trade secrets used to create a competing consumer product.

  • Trade secret dispute concerning computer program used to determine air quality data.

  • Insurance coverage issue regarding whether manufacturer of plastic bags was entitled to insurance coverage for defense of patent infringement claims

  • Insurance coverage issue regarding whether “prior publication” exclusion extinguished carrier’s duty to defend underlying trademark infringement claims involving labels on health products.

  • Insurance coverage issue regarding whether claim for misappropriation of trade dress for sales of motorized tie racks fell within the scope of “advertising injury” as a covered claim under a comprehensive general liability policy.

  • Insurance coverage issue regarding whether publication of allegedly infringing DVD “testimonial” constituted a published “advertisement” within the scope of “advertising injury” under a comprehensive general liability policy.

  • Insurance coverage issue regarding whether a nightclub’s unauthorized publication of several models’ photographs in advertisements was within the policy period for a carrier’s duty to defend underlying claims for misappropriation of name, photograph and likeness under Civil Code section 3344.

  • Insurance coverage issue regarding whether Plaintiff’s amendment of its complaint to seek injunctive relief only, and omit a previous claim for monetary damages relieved the insurance company of the duty to indemnify and defend the insured against a trademark infringement action.

  • Defamation claim based on alleged statement that skin treatment product causes cancer.