Brian D. Wassom

Experience

Trademark/Trade Dress

• Leapers, Inc. v. SMTS, LLC (6th Cir. 2018). Obtained unanimous reversal of trial court decision that had found client’s product design functional and thus ineligible for trade dress protection.
• Free Methodist Church of North America v. International Child Care (USA), Inc. (E.D. Mich. 2019). Defend trademark infringement claims involving child care services.
• KRBL Ltd. v. Overseas Food Distributors (C.D. Cal. 2016). Obtained preliminary injunction in trade dress and copyright case involving packaging of food products.
• General Motors LLC v. Petty (E.D. Mich. 2016). Enforce trademark rights against unauthorized reseller.
• KRBL Limited v. Cedar Garden Food Import & Export, Inc (E.D. Mich 2016). Enforce trade dress and copyrights in food packaging.
• Oculus Info Inc. v. Oculus VR (E.D. Va. 2014). Persuaded a federal court that client’s trademark infringement claims against leading virtual reality company were likely to succeed.
• Papa Romano’s Enterprises, LLC v McKay (Wayne Co. 2013). Trademark and contract enforcement against former franchisee.
• Leapers v. First Quality (E.D. Mich. 2012). Successful trademark and copyright claims against competitor using infringing marks.
• Land Rover v. Oztralia, Inc. (S.D. Fla. 2011). Enforced Land Rover marks against infringing dealer. 
• Seattle’s Best Coffee LLC v. Seattles Corp. (C.D. Cal. 2011). Enforced Starbucks’ trademark rights against unauthorized retailer. 
• AAC Services Heating & Cooling Inc v. Advanced Air Care LLC (Macomb Co. 2010). Defended HVAC company against state law trademark infringement claims.
• Children’s Legal Services PLLC v. Kresch, 545 F.Supp.2d 653 (E.D. Mich. 2008), affirmed, (6th Cir. 2009). Obtained summary judgment on liability for service mark infringement, unfair competition. and cybersquatting, as well as a permanent injunction, an accounting, and other relief.
• Revolution, Inc. v. Starpower, Inc. (E.D. Mich. 2009). Defended seller of dancewear from trademark claims.
• Dell, Inc v. Elles (6th Cir. 2008). Successful trademark infringement claims against retailer.
• General Motors Corp. v. M&M Flow Through Systems, LLC (E.D. Mich. 2003). Helped obtain preliminary injunction against trademark infringer.
• Dozens of TTAB Oppositions and Cancelations for Mattel, Volvo, Wolverine Worldwide, Huttopia, JP Leo, Xact Genomics, On Clouds, Fathead, General Motors, Sports Authority, Provo Craft, and more.
• Several UDRP domain name arbitrations for Herman Miller, Moosejaw Mountaineering, Jaguar Land Rover, Quicken Loans, and others.

Copyright

• Authored amicus brief for AIPLA advocating the prevailing position in Georgia v. Public.Resource.Org, 140 S.Ct. 1498 (2020), that the State of Georgia’s official commentary to its state code is a government edict and not entitled to copyright protection
• Meshwerks v. Toyota Motors Sales USA, Inc., 528 F.3d 1258 (10th Cir. 2008). Unanimous victory defeating copyright infringement claim on the grounds that digital images in question were not original. Named one of the “Top Verdicts and Settlements” of 2006 by Crain’s Detroit Business and a “Top Intellectual Property Case of 2008” by The Colorado Lawyer.
• Gordon v. Nextel  Communications (6^th Cir. 2003). Helped defeat copyright claims against de minimis use of artwork in a television commercial.
• Adlife Marketing & Communications Co. Inc. v. The Goodies Factory, Inc. (W.D. Mich. 2019). Defeated claims asserting unauthorized use of photograph on website.
• Wargin v. FineEye Color Solutions, Inc. of Grand Rapids (W.D. Mich. 2016). Enforced photographer’s copyrights against infringer.
• Best Hand Entm’t LLC v. Wideawake-Deathrow Entm’t, LLC (E.D. Mich. 2014). Defended music distributor against copyright and Lanham Act claims by artist.
• Chambers v. Ingram (E.D. Mich. 2012). Defeated copyright and publicity rights claims against author and publisher.
• Synthetic Scents, Ltd. v. Old Faithful Outdoors, LLC (E.D. Mich. 2012). Defeat trademark infringement claims over hunting products.
• Provo Craft & Novetly v. Make the Cut (E.D. Wis. 2010) Enforce software copyrights against infringer.
• Mackinac Island Press, Inc. v. Toybox Innovations, Inc. (W.D. Mich. 2010). Enforced publisher’s trademark and copyrights.
• Visbeen Associates, Inc. v. Johnson Home Builders, Ltd. (W.D. Mich. 2009). Defended against claims of architectural copyright infringement.
• Johnson v. Jamie Foxx (E.D. Mich. 2007). Defeated copyright infringement lawsuit against famous artist.
• Integrated Bar Coding Systems, Co. v. Wemert (E.D. Mich 2007). Defended against software source code copyright infringement claims.
• Mondrian Properties, L. L. C. v. Michigan Home Builders, Inc. (E.D. Mich. 2006). Defended architectural copyright infringement claims.
• Mike’s Cigars Distributors, Incorporated v. Byelick (E.D. Mich 2006). Defeated request for preliminary injunction in trademark case.
• Williams v. 3D Export (E.D. Mich. 2020). Local counsel for TurboSquid in pro se copyright dispute.
• Dankovich v. Keller (E.D. Mich. 2017). Local counsel for Vice News in pro se copyright dispute.
• Scores of lawsuits on behalf of ASCAP members enforcing music copyrights against food service establishments.
• Over a dozen cases for DIRECTV, Inc. against sellers and purchasers of pirate access devices.

Media/First Amendment/Defamation

• Shumake v. Rob Wolchek (Oakland Co. 2018). Defeated defamation claims against local “Hall of Shame” television news reporter.
• Candy Lab Inc. v. Milwaukee County, 266 F. Supp. 3d 1139 (E.D. Wis. 2017). Obtained preliminary and permanent injunctions striking down regulation of location-based augmented reality games under the First Amendment, in the first case to extend free speech rights to the AR medium.
• Townsend v. Townsend (Macomb Co. 2019). Defended retaliatory defamation claim based on police report of domestic violence.
• Ponder v. Staggs (Macomb Co. 2018). Obtained business defamation judgment against Facebook user.
• Doe v. Doe (Macomb Co. 2019); Kincaid v. Polony (Macomb Co. 2013). Unmasked anonymous online defamers and harassers.
• Petrou v. Bank of Ann Arbor, et al. (E.D. Mich. 2018). Defended local newspaper against defamation claims.
• Convertino v. Ashenfelter (6th Cir. 2015). Helped defend reporter’s privilege under the 1st and 5th Amendments not to name a confidential source.
• Williams v. DTE Energy, Inc. (Wayne Co. 2015). Defended against eavesdropping claims.
• Bowens v. ARY, 794 N.W.2d 842 (Mich. 2011). Second chair in 10-year litigation that successfully defended Dr. Dre and the “Up in Smoke” Tour against claims of eavesdropping. 
• Williams v. New World Communications of Detroit Inc. (Wayne Co. 2009). Helped defeat eavesdropping claims against television news organization.
• State News v. MSU, 481 Mich. 692 (2008). Pursued FOIA claims against university on behalf of student newspaper.
• Nagler v. Henderson (E.D. Mich. 2008). Helped defeat defamation and product disparagement claims against magazine publisher.
• Nichols v. Moore, 477 F.3d 396 (6th Cir. 2007). Defended filmmaker Michael Moore from claims of eavesdropping, invasion of privacy and defamation. 
• Radio One v. Wooten, 452 F. Supp.2d. 754 (E.D. Mich. 2006). Helped obtain preliminary injunction against radio personality violating noncompetition agreement.
• Flanagan v. Altria Group (E.D. Mich. 2005). Helped defeat false advertising and consumer protection act claims.
• Detroit Free Press v. Ashcroft, 303 F.3d 681 (6th Cir. 2002). Helped newspapers establish a First Amendment right of access to immigration court removal proceedings.
• Obtained removal of infringing, defamatory, and revenge porn content from social media sites and virtual worlds, including in new circumstances presenting issues of first impression.
• Obtained right to film murder trial in Lenawee County on behalf of Court TV.
• Advised major brands on social media marketing and compliance with FTC regulations.
• Prepublication review of content to minimize liability and litigation risk.
• Representation of both plaintiffs and defendants in disputes between religious organizations over ecclesiastical authority and ownership of real property, including in Chabad-Lubavitch of Mich. v. Schuchman (Mich. App. 2014).
• Long-term representation of companies across the AR/VR/XR industry, including DAQRI, Meta, Geo AR Games, AR.Org, and Grisly Studios.

Right of Publicity

• Eagle Rock Entm’t v. Armstrong, 655 F. Supp.2d 779 (E.D. Mich. Nov. 17, 2009). Defeated publicity rights claim by band member against publisher of concert video.
• Romantics v. Activision, 532 F. Supp.2d 884 (E.D. Mich. 2008); 574 F. Supp.2d 758 (E.D. Mich. 2008). Part of a team that defeated right of publicity claims by band against publisher of the Guitar Hero video game. 
• Arnold v. Treadwell (Oakland Co. 2006). Defeated publicity rights claims by model against photographer.
• Neal v. EA, 374 F.Supp.2d 574 (W.D. Mich. 2005). Helped win summary judgment against claims involving use of a plaintiff’s image in a video game.
• Ongoing consultation of global toy manufacturer on publicity rights issues.

Business Litigation

• BorgWarner PDS (Anderson) LLC v. Industrial Molding Corp. (E.D. Mich. 2020). Obtained preliminary injunction against supplier prohibiting disruption of just-in-time supply chain.
• BorgWarner Thermal Systems, Inc. v. Carlisle Brake & Friction, Inc. (E.D. Mich. 2020). Obtained summary judgment against supplier for breach of supply contract.
• Iafrate v. Angelo Iafrate, Inc. (Wayne Co. 2020). Defeated contract and tort claims by sellers of company against ESOP purchasers.
• BorgWarner Ithaca LLC v. Principal Manufacturing Corp. (ED Mich. 2019). Defeated supplier’s motion to dismiss breach of contract lawsuit.
• SmithCNC v. BorgWarner Turbo Systems, Inc. (Wayne Co. 2019). Defeated breach of contract allegation.
• Iafrate v. Angelo Iafrate, Inc. (E.D. Mich 2019). Defeated securities claims by sellers of company against ESOP purchasers.
• Metro Motor Coach Transportation Group, LLC v. Ponder (Macomb Co. 2017). Prevailed in contract claims between business associates and obtained transfer of domain name.
• Davis v. Vapor Bus Int’l (Oakland Co. 2015); Krzeminksi v. Vapor Bus Int’l (Macomb Co. 2011). Defended manufacturer of components for party buses against wrongful death and product liability claims.
• Weinstein v. UGS Corp. (E.D. Mich. 2011). Help defend employer against liability for employee’s negligent homicide.
• Raytheon Aircraft Co. v. United States (10th Cir. 2009). Assisted in appeal of liability for groundwater contamination.
• JV Masonry Inc v. Mt. Clemens Community Schools (Macomb Co. 2004). Construction litigation.
• LaSalle Bank Nat’l Assn. v. Middlebelt Plymouth Venture (E.D. Mich. 2002). Helped defend shopping mall owners against claims related to loan default.
• Martin v. Transamerica Occ. Life Ins. Co. (E.D. Mich. 2002). Defeated life insurance claim.
• Defended a parts manufacturer against product liability claims in fatal accidents.
• Defended manufacturer of roofing tiles against products liability claim in Menominee County.
• Defended a high-tech manufacturer in partnership dispute valued at $300 million.