Representative Cases

The Blakely Law Group has had the privilege of representing, and protecting, many of the world's most famous brands. The Blakely Law Group has extensive Federal court experience, having litigated well over 600 cases in the various United States District Courts and Courts of Appeal. Indeed, the Blakely Law Group is routinely one of the top filers of intellectual property cases in the United States. We are a results-driven firm and believe that our record of success speaks for itself.

Experience Hendrix LLC v. The Last Experience, LLC:

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.

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Network Automation, Inc. v. Advanced Systems Concepts Inc., 638 F.3d 1137 (9th Cir. 2011)

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."

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Downing v. Abercrombie & Fitch., 265 F.3d 994 (9th Cir. 2001)

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.

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Paris Hilton v. Hallmark Cards et al., 580 F.3d 874 (9^th Cir. 2009)

Represented Paris Hilton in a right of publicity case against Hallmark cards. 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.

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Deckers Outdoor Corporation:

Representation of Deckers Outdoor Corporation in over fifty (50) lawsuits involving the enforcement of intellectual property under its extensive brand portfolio (Ugg®, Sanuk®, Teva®, Hoka One®) against various entities including Skechers, Romeo & Juliette, Inc. (Bearpaw®), Sears, Kmart, Wal-Mart, JC Penney, and Target, in the enforcement of various UGG® design patents and trademarks. Successfully defeated claims that patents were invalid due to indefiniteness and functionality.

Luxottica Group S.p.A.:

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.

Callaway Golf v. Lin:

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 over $2,000,000 in counterfeit clubs and froze numerous bank accounts totaling over $250,000.00. The case eventually settled for over $1,000,000.00.

Coach Inc.:

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.

Poquito Mas v. Taco Bell:

Represented Los Angeles restaurant chain Poquito Mas in lawsuit against Taco Bell as a result of its use of the "Live Mas" slogan. The case settled on the eve of the District Court ruling on Poquito Mas' motion for summary judgment.

Spy Optic v. Alibaba.com:

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.

Johnson v. Hurley International:

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. Appdx. 412 (9th Cir. 2003).

Fortune Fashions Industries LLC v. Sunrise Technologies, Inc. and Microsoft Corp.:

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.