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In the News

July 14, 2015

W&W Wins Dismissal of Copyright Infringement Action

The Firm is delighted to announce that it today won total dismissal of a Federal copyright action against its clients in Moofly Productions, LLC v. Favila, et al, 2015 U.S. Dist. LEXIS 121329.

In ruling that the Federal copyright action should be dismissed, and the remainder of the opposing party's claims remanded to the Los Angeles Superior Court, United States District Judge S. James Otero stated that "The Court does not agree" with any of the contentions raised by the Plaintiffs.

The viability of Plaintiffs' copyright infringement claim against the Firm's clients and their fellow co-defendants hinged on whether the other co-defendants were co-owners of the copyrights at issue.  The Firm argued that they were, and that the copyright action was therefore barred by controlling legal precedent; Plaintiffs maintained they were not, and that the action should proceed to trial.  The Court rejected Plaintiffs' arguments, finding "This conclusion simply does not follow," dismissed the copyright action against all defendants, and vacated the upcoming trial date.

"This is a significant win for our Firm's clients--and highlights one of our key strengths: our ability to bring together a highly effective, inter-disciplinary team to find creative solutions for our clients," said Harold McDougall, head of the Firm's entertainment practice.  "In successfully litigating this issue to a favorable outcome, the Firm utilized our professionals with intimate knowledge of the copyright laws, as well as veteran Federal litigators who were able to present the issue succinctly to the Court.  I congratulate each member of the trial team that won this important victory for our clients."

The Court's Opinion dismissing the copyright counterclaims in their entirety can be found at 2015 U.S. Dist. LEXIS 121329.

Walton & Walton, LLP provides value-driven litigation solutions for clients throughout the United States. Our trial team has delivered successful verdict after successful verdict in courtrooms across the country, in complex areas ranging from valuation disputes, to tax controversies, to capital murder cases. We are proud of the fact that we have never lost a client to the death chamber--even though our focus is business litigation. We would be honored to explore how we can deliver the same stellar results for you.

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