Related Practices
Activities
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Biography
Heather McCloskey is special counsel with the firm’s Intellectual Property Group. She focuses her practice on copyright, trademark and general business litigation. Ms. McCloskey has extensive trial experience in California’s state and federal courts, representing her clients in patent litigation, internet and technology-related litigation, misappropriation of trade secrets, unfair competition and entertainment contract litigation. She also counsels clients on ways to avoid litigation and protect their business and intellectual property interests, including the preparation, negotiation and enforcement of license agreements and other contracts.
Representative Matters Heather McCloskey is special counsel with the firm’s Intellectual Property Group. She focuses her practice on copyright, trademark and general business litigation. Ms. McCloskey has extensive trial experience in California’s state and federal courts, representing her clients in patent litigation, internet and technology-related litigation, misappropriation of trade secrets, unfair competition and entertainment contract litigation. She also counsels clients on ways to avoid litigation and protect their business and intellectual property interests, including the preparation, negotiation and enforcement of license agreements and other contracts.
Representative Matters
- Successful trial representation of defendant health care outsourcing company sued by nationwide health insurance company for infringement of trademark. Plaintiff sought $328 million in actual damages and lost on all claims.
- Successful trial representation of major shoe manufacturer against international computer software corporation for fraud; successfully defended against claims of copyright infringement and obtained multi-million dollar damages award.
- Represented celebrity in negotiation with former lover to settle dispute over unauthorized distribution of sex tape. Dispute involved complex copyright and right of publicity issues.
- Defended aeronautical document reseller against major defense contractor and aircraft manufacturer for infringement of copyrights in aircraft plans and manuals. Negotiated favorable settlement.
- On behalf of estate of world renowned recording artist, successfully enforced trademark and publicity rights against merchandising entities.
- Representing competing tax preparation service provider, obtained reversal of injunction prohibiting use of competitor’s trademarks in website metatags based on theory of initial interest confusion.
- Defended importer of “gray market” dvd players carrying infringing trademark of major technology company in multi-million dollar lawsuit. Negotiated favorable settlement.
- Defended multiple software resellers against major anti-virus software manufacturer in copyright infringement disputes.
- Represented German investors in US film productions in lawsuit against major US banking institution for conversion of copyright interests in co-produced films.
Published Opinions
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eCash Technologies v. Guagliardo, 127 F.Supp.2d 1069 (CD CA 2009).
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Shopoff & Cavallo et al. v. Hyon et al. 167 Cal.App.4th 1489 (2008).
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J.K. Harris & Co. v. Kassel, 253 F.Supp. 2d 1120 (ND CA 2003).
Affiliations, Activities and Accomplishments
Ms. McCloskey is admitted to practice in all state and federal courts within the State of California. She is a member of the California State Bar (Intellectual Property Division), the Los Angeles County Bar Association (Intellectual Property and Litigation Divisions) and the Women Lawyers Association of Los Angeles.
From 2004 through 2007, she was named a “Southern California Rising Star,” a recognition given to the top 200 attorneys in Southern California under the age of 40 practicing less than 10 years, by Law & Politics. Only 2 percent of Southern California attorneys are recognized.
Admissions
California;
U.S. District Court (C.D. Cal.); U.S. District Court (E.D. Cal.); U.S. District Court (N.D. Cal.); U.S. District Court (S.D. Cal.)
Education
J.D.
(1997)
University of San Diego School of Law
B.A.
(1994)
Bard College
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