Representative Cases
Affliction Holdings, LLC (“Affliction”) sued Utah Vap or Smoke, LLC (“Utah Vap”) alleging trademark infringement. The district court granted Utah Vap’s motion for summary judgment, holding there was no likelihood of confusion between the parties’ marks. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse.
Represented a group of legendary surfers against retailer Abercrombie & Fitch for using their photograph without their permission in a surf-themed catalog. Reversing the trial court’s grant of summary judgment, the Ninth Circuit Court of Appeals issued the landmark decision which held that : 1) the First Amendment does not bar a misappropriation claim when there is a commercial use, 2) California law applies to misappropriation claims when there is a publication in California, and 3) established the eight part test for Lanham Act claims involving celebrities.
Defended producer of a Jimmy Hendrix concert film in a litigation against the Hendrix estate involving claims for breach of contract/rescission. The lawsuit, filed by Hendrix's estate through its company Experience Hendrix LLC, relates to a half-century old deal between Hendrix and Gerald Goldstein to film the performances at the Royal Albert Hall in London, which took place in February 1969. In 2010, Experience Hendrix and The Last Experience agreed to produce the film for theatrical release — but it the deal fell apart over distribution and that prompted the 2011 lawsuit. The estate claimed that Goldstein committed fraud by not disclosing that he'd accept nothing less for the deal than a wide release and sought $4.1 million and a declaration that the estate was the footage's sole owner.
Goldstein prevailed with a complete defense verdict after a five-day trial and obtained an award of over $300,000 in attorney fees against the Hendrix estate, which was later upheld by the Court of Appeal.
Represented Paris Hilton in a right of publicity case against Hallmark. Prevailed on Hallmark’s anti-SLAPP motion and subsequent appeal to the Ninth Circuit, which resulted in a significant published decision addressing the First Amendment and the transformative test.
Represented Michael Cohen and Essential Consultants in high profile litigation involving claims brought by porn actress Stormy Daniels. Ms. Daniels brought two separate lawsuits alleging declaratory relief, defamation and aiding and abetting breach of fiduciary duty. Achieved a total victory on behalf of Mr. Cohen with all claims dismissed with prejudice.
Represented footwear manufacturer Deckers Outdoor Corporation in a patent infringement case involving the famous UGG Bailey Button Boot. Deckers prevailed after a five-day jury trial. The jury found that Defendant Romeo & Juliette Inc., and its owner, Thomas Romeo, willfully infringed two of Decker’s design patents and awarded a $5.2 million dollar verdict. Since 2012 the BLG has litigated over 150 design patent and trade dress cases in Federal Court for Deckers.
Represented computer software company (Network Automation, Inc.) in a dispute involving the purchase of a competitor’s trademark as a Google AdWord to trigger a comparative advertisement. Successfully overturned the trial court’s grant of a preliminary injunction in a landmark decision in which the Ninth Circuit adopted a new test for keyword advertising cases. As reported in the Daily Journal: "It's a very important decision," said trademark guru J. Thomas McCarthy of the University of San Francisco School of Law. "It's one of the first federal appellate decisions to grapple with this keyword issue. It's a breath of fresh air because it's not merely a robotic recital of case law. It's clear that district judges are confused about how to analyze this. The 9th Circuit shows here it has an open mind and can supply hints of guidance that litigators will pick up on."
Representation of Luxottica Group S.p.A. n numerous lawsuits nationwide involving its famous Ray-Ban and Oakley trademarks, including initial-interest confusion cases involving “Compare To” advertisements. trademark infringement cases throughout the country involving Luxotica's brands, including but not limited to Ray Ban and Oakley.
Represented Callaway Golf against numerous defendants involved in the importation and sale of counterfeit Callaway golf clubs. Mr. Blakely was able to orchestrate the largest seizure of counterfeit merchandise in Callaway’s history. Working with local law enforcement and United States Customs, Callaway seized millions of dollars in counterfeit clubs and froze numerous bank accounts. The case eventually settled in the seven figures.
Instrumental in Coach’s development and execution of “Operation Turnlock,” a national anti-counterfeiting program targeting companies and individuals involved in the distribution and sale of counterfeit and knock-off products through civil litigation in state and federal courts. The firm has represented Coach in over 130 trademark infringement lawsuits throughout the United States which have resulted in the recovery of millions of dollars in both judgments and settlements.
Represented Spy Optic in trademark infringement claims against online retailer Alibaba.com. The case settled shortly after Spy defeated Alibaba's motion for judgment on the pleadings, which relied heavily on the ruling in Tiffany Inc. v. ebay. Rejecting Alibaba's arguments, the Court held that Spy had alleged a viable claim that Alibaba use of Spy's mark in its websites’ metadata purposefully directed search engines to landing pages that sold counterfeit Spy merchandise, created a likelihood of confusion.
Represented professional surfer Noah Johnson against his former sponsor for breach of contract and misappropriation of identity. Johnson prevailed over Hurley on his California Civil Code section 3344 claim on summary judgment and on his Lanham Act claim at trial. Mr. Blakely also obtained a favorable ruling from the Ninth Circuit in connection with Johnson’s claim for breach of contract, Johnson v. Hurley, 77 Fed. Appx. 412 (9th Cir. 2003).
Defended Sunrise in a $45 million dollar breach of contract/fraud litigation. Defeated most of the affirmative claims on summary judgment, case settled shortly thereafter.
Integral partner in Chrome Heart’s brand enforcement efforts for the past twenty years; litigating over 100 copyright and/or trademark infringement cases in Federal Court.