Nancy Morgan specializes in civil litigation with an emphasis on intellectual property matters, including copyright, trademark, trade dress, false advertising, media, patent and trade-secret disputes. She advises clients on online issues, works with federal and state authorities to prevent the importation of counterfeit goods and prepares legal opinions on ownership, copyrightability and infringement issues. Nancy also applies her expertise in drafting assignments and licenses and protecting, transferring and obtaining intellectual property rights. Her practice includes handling opposition and cancellation proceedings before the Trademark Trial and Appeal Board.
Nancy also represents clients in breach of contract, unfair competition, entertainment, employment, class action and general business disputes. She represents individuals, small businesses and multinational corporations in arbitrations and in state and federal courts. She has particular expertise representing retailers, manufacturers, motion picture studios, publishers and corporations in the apparel, toy, food, technology and pharmaceutical industries. Additionally, Nancy has a significant appellate practice drafting principal briefs and certiorari petitions to the U.S. Supreme Court.
Nancy also works directly with clients, often at their offices, on general commercial transactions. She counsels management and business departments on day-to-day legal issues arising from contracts with customers, suppliers, distributors and licensees. In this capacity, she also prepares and reviews supply agreements, distribution agreements and other agreements relating to the purchase or sale of goods or services.
Prior to entering private practice, Nancy was a law clerk for the Honorable Lynn N. Hughes in the United States District Court in the Southern District of Texas. She is conversant in German.
Notable Results:
- Obtained permanent injunction in trademark counterfeiting and copyright action for trademark owner against former distributor.
- Defended international retailer against trade dress claims asserted by Australian boot manufacturer. Manufacturer voluntarily dismissed claims after retailer moved for their dismissal.
- Defended a patent declaratory action against a Canadian toy manufacturer by a competitor. Obtained dismissal of case after moving to dismiss for failure to join a necessary party, lack of personal jurisdiction and lack of case or controversy under the Declaratory Judgment Act.
- Argued before Federal Circuit Court of Appeals in $3.2 million attorney fee dispute.
- Won summary judgment for an automotive industry executive in an action to enforce a default judgment entered against him in Canada.
- Won arbitration over right to domain name and succeeded in having domain name transferred to claimant.
- Successfully represented marine engine parts designer in action for trade dress, trade secret, false advertising and unfair competition and related tort claims asserted against former supplier.
- Successfully arbitrated claim by semiconductor manufacturer against its former U.K.-based distributor.
- Defended a copyright and tort action against a toy inventor and manufacturer based in Hong Kong. After defendants filed motions to dismiss, the plaintiff voluntarily dismissed its claims. The judge awarded sanctions for the inventor.
- Represented a Polish television distributor in arbitration against independent studio for breach of distribution agreement. Case resulted in a favorable settlement for client.
- Defense of motion picture studio in an action brought by an actor alleging $24 million in damages for breach of contract, misappropriation of his rights of publicity, and various other torts. The case resulted in a favorable settlement for the client.
- Patent infringement action litigated on behalf of plaintiff semiconductor manufacturer against competitor. Fourteen motions for summary judgment or summary adjudication granted. At trial, the jury found competitor's entire product line infringed client's patents and awarded $6.8 million in damages.
Court Admissions:
- United States Supreme Court
- United States Court of Appeals for the Ninth and Federal Circuits
- United States District Court for the Central, Eastern, Northern and Southern Districts of California
- United States District Court for the Eastern District of Texas
Publications:
Awards & Recognition:
- Rising Star, Law & Politics, 2008
- 2008 Commitment to Philanthropy Award - Step Up Women's Network
Memberships & Community Involvement:
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State Bar of California, Intellectual Property Section, Member
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Federal Bar Association, Member
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Women's High Tech Coalition, Member
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Step Up Women's Network, Los Angeles, Board Member
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S.O.P.H.I.E., Board Member
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Roar Foundation, Member
Los Angeles, CA 90067