Morrison Foerster‘s IP litigation team utilizes its global footprint, spanning Asia, Europe and the Americas to counsel clients in a broad range of cases involving literary works, theatre works, visual artwork, sounds recordings and multi media products. The team handle a prolific flow of copyright enforcement and litigation issues fueled by a sophistication in IP owners effort to protect their assets. Adept in a wide range of IP matters practice heads lead from locations across the US: Brian Nash in Austin, Bita Rahebi in Los Angeles, Timothy Chen Saulsbury in San Francisco and Mark Whitaker in Washington DC. Los-Angeles based lawyer Benjamin Fox , leverages his trial experience for high-stakes copyright and trademark litigation cases. While, San Francisco’s Joseph Gratz boasts deep expertise at the intersection of copyright and new technologies, such as generative AI. Gratz has established precents in internet law and often serves as lead counsel in AI copyright cases, such as numerous ongoing cases for OpenAI which may have pivotal consequences for AI copyright law. Allyson Bennett departed in September 2024.
Legal 500 Editorial commentary

Key clients

  • Anthropic Inc
  • Archer Aviation, Inc.
  • Autodesk, Inc.
  • Block Inc.
  • Chap Mei Plastic Toys Manufactory Ltd.
  • Eastside Golf, Inc.
  • F5, Inc.
  • Figma Inc
  • Internet Archive
  • Learneo Inc

Work highlights

  • Acts as lead counsel for OpenAI in multiple ongoing cases, including a class action DMCA suit alleging the removal of copyright management information in collaboration with GitHub to develop Copilot. The case has progressed to the point where only a breach of contract claim remains following the dismissal of other claims.
  • Represents Stability AI, creator of the Stable Diffusion 2.0 image-generation generative AI tool, in all of its U.S. litigation. In a case in the Northern District of California, a group of illustrators allege that the operation of Stable Diffusion infringes copyrights in visual works that the model was trained. In a case in the District of Delaware, stock photo provider Getty Images alleges that the operation of Stable Diffusion infringes copyrights in photographs in which Getty owns copyrights.
  • Represents UpCodes against allegations filed by ASTM for multiple counts of copyright infringement, vicarious and contributory copyright infringement, alteration or removal of copyright management information, trademark infringement, unfair competition, and trademark dilution.

Lawyers

Leading partners

The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.

Joseph Gratz

Practice head

Brian Nash; Bita Rahebi; Timothy Chen Saulsbury; Mark Whitaker

Other key lawyers

Benjamin Fox; Joseph Gratz; Allyson Bennet