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C. Dennis Loomis

Dennis Loomis has over 25 years of experience representing (among others) major entertainment entities, manufacturers, consumer product companies, high tech concerns, Internet service providers, educational institutions, trade organizations, advertisers, artists, and entrepreneurs, both as a litigator and as a strategic advisor concerning intellectual property matters and complex business disputes and transactions.

In the litigation arena, Mr. Loomis’ legal practice has focused primarily on sophisticated, complex litigation, primarily involving intellectual property and business torts, with additional experience in tax, regulatory, real estate and antitrust matters. He has successfully represented plaintiffs and defendants in numerous jury and bench trials, in state and federal courts, on appeal, in arbitration, mediation and other ADR tribunals. His first chair trial experience includes:

• Breach of contract, including: IP licenses, distribution agreements, acquisitions, partnership/joint venture agreements and real estate leases
• Copyright and trademark infringement
• Unfair competition/interference with contractual relations
• Cyber-squatting/Internet misuse
• Government contract/non-conforming goods claims
• Deceptive advertising
• Invasion of privacy/misappropriation of commercial right of publicity
• Defamation/trade libel
• Misappropriation of trade secrets/breach of fiduciary duty
• Idea submission disputes
• First Amendment/fair use controversies
• State tax refund claims

In addition to litigation services, Mr. Loomis regularly advises corporate and individual clients on a broad range of intellectual property matters, including:

• Negotiating and documenting intellectual property and technology licenses, research and development agreements, confidential disclosure agreements, and IP security interests
• Strategies for selecting, developing and protecting trademarks, brand identity and related domain name issues
• Domestic and international trademark registration
• Design and management of domestic and international copyright and trademark anti-counterfeiting programs
• Rights clearance advice for motion picture, television, music, consumer product and Internet uses
• Internet and e-commerce issues, including: terms of use, privacy policies, regulatory compliance, jurisdiction for online activities and IP infringement (linking, framing, meta-tags, etc.)
• Due diligence review of IP assets involved in mergers and acquisitions

Some of Mr. Loomis’ representative experience includes:

• Serving as principal outside counsel for a FORTUNE 100 consumer products manufacturer on all domestic and international IP issues involved in the development and rollout of a retail website
• Representing proprietor of breakthrough medical technology in domestic and international licensing, manufacturing, R&D and distributor relationships
• Devising a novel interpretation of the Copyright Act of 1976 that supported summary dismissal of action by assignee of copyright in an animated character against client/licensor, affirmed on appeal in high profile decision establishing new law concerning the assignability of exclusive copyright licenses
• The representation of a major entertainment trade organization in antipiracy litigation program, successfully prosecuting over 600 federal lawsuits authorizing no-notice seizures of infringing goods
• Designing anticounterfeiting copyright/trademark enforcement programs and managing a national network of correspondent counsel and investigators for licensed merchandise based on major motion pictures and television series
• Successfully prosecuting a series of lawsuits challenging the imposition of state sales and use tax upon special effects services on such films as, “Close Encounters of the Third Kind,” yielding over $7 million in tax refunds and a change in state law
• The representation of a leading international fitness company in complicated arbitration and subsequent bankruptcy court proceedings against an exclusive worldwide manufacturing licensee, and against the licensee’s successor, for breach of contract and violation of licensor’s proprietary rights, yielding court-approved settlements enjoining further violations and providing over $6 million in compensation
• Managing domestic and international trademark portfolios for consumer products, publishing, Internet and entertainment companies

Mr. Loomis writes and speaks frequently in business, academic and legal publications and venues on IP, new media and e-commerce issues. His published articles include:

• “TV v. Replay TV: A Fair Fight with Sweeping Significance,” Entertainment & Media INSIGHTS, January 2003
• “Fight or Switch: The Record Industry Sends Mixed Message on Internet File Sharing,” Entertainment & Media INSIGHTS, October 2002
• “Online Radio Royalties: The Day the Music (Might) Die,” Entertainment & Media INSIGHTS, October 2002
• “Where Everybody Upholds Your Publicity Claim,” National Law Journal, December 2000
• “Banner Ad Trademark Infringement Claim Loses Round One,” The Daily Journal, August 1999
• “Piracy Protection: Customs Regulations Aid Intellectual Property Owners,” The Daily Journal, September 1998

Mr. Loomis is a member of the American, California and Los Angeles County Bar Associations and the British American Business Council. He is a Eucharistic Minister, Lector and Member of the internationally known Choir of St. Cyril of Jerusalem Church, and active in various pro bono engagements, including recurring work for World Vision International.