Direct Response/Infomercial/Media

Representative engagements completed by Rutter Hobbs & Davidoff's attorneys for clients in the Direct Response/Infomercial/Media industries include:

• Brought, and successfully resolved, counterfeiting, copyright, trademark, and patent infringement claims against a prominent e-commerce website for posting for sale counterfeit versions of client's products.
• Negotiated transactions and prepared contracts for clients that advertise products on television and over the Internet, including infomercial production agreements, marketing and distribution agreements, television host agreements, license agreements, and joint ventures.
• Successfully settled claims between two competing manufacturers over the truthfulness of each other's "comparative" advertisements, avoiding litigation.
• Assisted the producer and distributor of wireless entertainment content with the structure and formation of a holding company for intellectual property rights to an animated motion picture and with the formation of affiliated entities to produce the first episode of a series, video game and ancillary products.
• Assisted highly regarded direct response company in obtaining the exclusive worldwide distribution rights of a flat iron for infomercial, internet, catalogue and other retail purposes.
• Represented a product manufacturer to an infomercial company in the collection of an obligation owed to it by the infomercial company, which later filed a chapter 11.
• Helped to defend a marketer of infomercial fitness products against trademark infringement claims filed by a prominent competitor, where the names of the products were similar, and helped win the case on summary judgment for the defense.
• Assisted a private investment company with its initial round private placement transaction and a follow-on offering relative to the purchase of equity in an environmentally themed outdoor media company.
• Defended against, and successfully settled, a trademark infringement and unfair competition claim brought by a manufacturer of car stereo equipment against an unauthorized e-commerce website using the plaintiff's marks to offer the equipment for sale.