Rotstein, Robert
Partner
Entertainment Litigation
Intellectual Property & Technology (Co-Chair)
Litigation
Legal Expertise
Litigation with a focus on intellectual property and technology, copyright, and entertainment matters.
Key Professional Accomplishments
* Mark Gable a/k/a Mark Pizzuti v. National Broadcasting Company ("NBC"), et al. Obtained summary judgment and attorneys' fees award on behalf of Twentieth Century Fox and NBC Universal in a high-profile copyright infringement action brought by a writer who claimed that the popular TV program "My Name is Earl" infringed upon his screenplay.
* L&M Optical Disc West, LLC v. Motion Picture Association of America, Inc., et al. Representing the defendant, obtained dismissal under California's anti-SLAPP statute of complaint alleging libel and related torts.
* RealNetworks, Inc. and RealNetworks Home Entertainment, Inc. v. DVD Copy Control Association, Inc. et al. Served as co-counsel representing several major movie studios looking to block the sale of RealDVD, a software program that would let users make hard drive copies of copyrighted DVDs. Clients obtained permanent injunction.
* MDY Industries and Michael Donnelly v. Blizzard Entertainment, Inc. and Vivendi Games, Inc., et al. Filed an amicus brief in the Ninth Circuit, on behalf of the MPAA, regarding the interpretation and application of the anti-circumvention and anti-trafficking provisions of the Digital Millennium Copyright Act (DMCA). The Ninth Circuit's opinion adopted the MPAA's position.
* Larry Montz, et al. v. Pilgrim Films & Television, Inc., et al. Filed an amicus brief on behalf of the Motion Picture Association of America in breach of implied in fact contract action regarding the reality television show "Ghost Hunters."
* Timothy S. Vernor v. Autodesk, Inc. Filed an amicus brief in the Ninth Circuit appeal of the federal district court case Vernor v. Autodesk, a dispute between a software vendor and a man who offered used copies of the company's software (which retailed for thousands of dollars) for sale on eBay. The brief examined the First Sale Doctrine, and whether or not the transfer of a tangible copy is a license or sale under the Copyright Act.
* Universal City Studios Productions LLLP, v. YouTVpc.com, et al. Represented major studios in lawsuit against website that linked to content that infringed plaintiffs’ copyrights.
* Davis v. Blige Filed amicus curiae brief in United States Court of Appeals, Second Circuit, on behalf of Motion Picture Association in case regarding validity of retroactive licenses.
* Paramount Pictures Corporation, et. al., v. Load ‘N Go Video Inc Represented six major studios in lawsuit against company that copied DVDs to portable devices.
* Price v. Twentieth Century Fox, et al. Represented Fox and others in a copyright infringement case over the motion picture Dodgeball: A True Underdog Story.
* RDF Media v. Rocket Science Laboratories, et al. Represented Rocket Science and Fox in copyright infringement suit alleging that the reality television series “Trading Spouses” infringes the copyright in the series “Wife Swap.”
* Lewis v. Absolut Represented Absolut in a right of publicity dispute brought by actor in HBO’s television series “Sex and the City.”
* M2 Software v. Handelman, Madacy, SFX Represented defendants in a trademark infringement case, resulting in a defense jury verdict. The verdict was recognized by the Los Angeles Daily Journal as one of the top ten defense verdicts of 2003. The Ninth Circuit affirmed the judgment in 2005, in a published opinion.
* Flynn v. Twentieth Century Fox Obtained summary judgment for defendants Fox and Imagine Pictures in connection with a copyright infringement suit alleging that Plaintiff’s novel was infringed by the hit television series “24.”
* Sephora adv. Tom Cruise and Nicole Kidman Represented Sephora, a cosmetic retailer, in a right of publicity and trademark lawsuit brought by Tom Cruise and Nicole Kidman and in another lawsuit brought by Sara Jessica Parker and Matthew Broderick.
* MPAA: Wrote Amicus briefs on behalf of the Motion Picture Association of America (MPAA) in WHAM-O v. Paramount, Silvers v. Sony Pictures, Gates v. Discovery Channel, and Kahle v. Ashcroft.
* Peterson v. Twentieth Century Fox Film Corp. Represented Fox in a claim that a television motion picture misappropriated the plaintiff’s idea for a motion picture.
* Columbia Pictures et al. v. SonicBlue, Inc. and ReplayTV, Inc. Represented Columbia Pictures, et al. in a lawsuit for copyright infringement, challenging the defendants’ sale of the ReplayTV 4000, a digital video recorder that permits a user to record hundreds of hours of television programming and send that programming to others over the Internet.
* Columbia Pictures Industries Inc. v. Tee Vee Toons, Inc. Represented Columbia Pictures against a well-known independent record company, TVT Records, and rap singer “Snoop Dogg” for infringing Columbia’s trademark and copyright in the “Charlie’s Angels” television series and motion picture. MWE obtained a preliminary injunction, enjoining defendants’ use of album artwork and advertising.
* Groubert v. Spyglass Represented defendants in a copyright infringement lawsuit suing over Al Pacino motion picture "The Recruit."
* Fuertes v. Sony Pictures and International Creative Management Obtained summary judgment for defendants Columbia and ICM in a copyright infringement case alleging that a motion picture project infringed plaintiff’s screenplay.
* Ribeiro v. Fox Music Representing Fox as U.S. counsel in lawsuit filed in France alleging that the theme from the “X-Files” infringes plaintiff’s music.
* Ruddy v. Twentieth Century Fox Defense of copyright infringement matter on behalf of Fox and USA Networks. Obtained summary judgment for Defendants.
* Herzog v. Castle Rock and John Sayles Obtained summary judgment and affirmance on appeal to the Eleventh Circuit on behalf of defendants in copyright infringement case.
* Smith v. Jackson Obtained jury verdict and affirmance on appeal in copyright infringement case on behalf of defendants Michael Jackson, Lionel Richie, Quincy Jones, Sony Music, and Warner Chappell.
Professional, Business, and Civic Affiliations
* Partner of the UCLA Entertainment and Media Law and Policy Program Advisory Council
* Served as adjunct professor of law at Loyola Law School-Los Angeles (teaching copyright)
* Former Member, Executive Committee of the Intellectual Property Section of the State Bar of California
* Former Lawyer Representative for the Central District of California to the Ninth Circuit Judicial Conference (1990-93) and to the Ninth Circuit Automation and Technology Committee.
* Former trustee and past President of the Los Angeles Copyright Society
Court Admissions
* California, 1976
* USDC, Central District of California, 1977
* USDC, Southern District of California, 1990
* U.S. Court of Appeals, Ninth Circuit, 1982
* U.S. Court of Appeals, Second Circuit, 2007
* U.S. Court of Appeals, Seventh Circuit, 2011
* U.S. Court of Appeals, Fourth Circuit, 2013
Education
University of California Los Angeles School of Law, J.D., 1976; Order of the Coif
University of California Los Angeles, B.A., 1973; summa cum laude, Phi Beta Kappa
