Silicon Valley Office
Entertainment and Media Litigation
Intellectual Property Litigation
Cornell Law School
(J.D., cum laude, 1997)
Cornell Law Review:
Articles Editor, 1996-1997
(B.A., summa cum laude, Phi Beta Kappa, 1994)
Latham & Watkins, New York:
Orrick, Herrington & Sutcliffe, LLP, New York:
Member, The State Bar of California; Member, The State Bar of New York; United States Supreme Court; United States Courts of Appeals: Fourth Circuit, Ninth Circuit; United States District Courts: Southern District New York, Eastern District New York, Central District of California, Northern District of California, Eastern District of California
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Margret Caruso devotes a substantial portion of her practice to complex commercial and intellectual property litigation and appellate litigation, including copyright, trademark and patent infringement, as well as unfair competition and false advertising. Her experience is broad based, with a recent focus on Internet, technology, entertainment, and consumer goods companies in the copyright, trademark, trade secret, and false advertising contexts. She has also represented plaintiffs and defendants in infringement actions concerning biochemical, computer, and mechanical patents. In addition to her trial experience and litigation of numerous temporary restraining order and preliminary injunction motions, Margret has briefed appeals to the United States Supreme Court and the Second, Fourth, and Ninth Circuits on issues of copyright, trademark, false advertising, patent, and antitrust.
Representing Samsung in federal litigation and ITC proceedings against Apple relating to trademark, trade dress, and design patent issues.
Representing Google in connection with lawsuits filed against it around the country relating to its AdWords program, other trademark disputes, and DCMA-related copyright issues.
Representing Colgate in a series of class actions alleging false advertising.
Represented Intuit in a series of simultaneous actions against H&R Block relating to advertising for TurboTax and H&R Block’s tax services and products. The actions involved claims for false advertising and trademark and copyright infringement. Following a series of favorable discovery rulings, the cases settled favorably to Intuit, and H&R Block’s offending knock-off advertisement was pulled.
Represented Bluefly.com in a trademark and trade dress infringement relating to Hermes handbags. We were retained following entry of an ex parte TRO, which we obtained dissolution of the following business day, followed by a prompt and favorable resolution of the action, which allowed Bluefly.com to continue its promotion.
Represented HBO and Time Warner in an action relating to the award-winning program “Six Feet Under.” After successfully moving to dismiss plaintiffs’ Lanham Act and state law unfair competition claims at the pleading stage, we obtained summary judgment on the copyright infringement claim. On appeal, the Ninth Circuit affirmed, holding that plaintiffs were not entitled to discovery on the issue of access because the works were not substantially similar as a matter of law and distinguishing Metcalf v. Bochco on the grounds that HBO and Time Warner did not concede access.
Represented Oracle in international arbitration in which the minority shareholder in Oracle’s former joint venture in Saudi Arabia alleged that Oracle overcharged the joint venture in connection with licensing its software and denied the minority shareholder any meaningful participation in the venture and sought tens of millions of dollars for its claims of breach of contract, unjust enrichment, breach of fiduciary duty, and tortious interference with contract, and the Saudi Arabia cause of action of ghasb. Following a two week hearing, the arbitration panel issued a 40-page opinion, applying Saudi Arabian law and unanimously ruling in Oracle’s favor. The panel later awarded Oracle substantial costs.
Represented Fox and Fremantle Media in an action for copyright infringement and tortious interference concerning a reality television show. After moving for summary judgment on the grounds of lack of substantial similarity of protectable expression (because all common elements were scenes a faire in the genre), we obtained dismissal with prejudice of all claims.
Represented Tufenkian Carpets in a trial on claims of copyright infringement filed against it in a rug design case. After taking the matter over a month before trial, we obtained a defense verdict, including specifically on issues of access and substantial similarity.
Represented MP3.com in copyright infringement actions brought by a series of plaintiffs and in a royalty rate dispute with ASCAP over then-novel issue of appropriate rate for streaming music over the Internet. In the copyright actions, we successfully moved to dismiss one action in its entirety; we successfully moved to dismiss claims based on allegedly unauthorized distribution of music over the Internet; we obtained summary judgment on claims of vicarious and contributory copyright infringement; we successfully opposed class certification; and we successfully moved to exclude plaintiffs’ expert witnesses on the subject of damages in five other actions, which led to satisfactory settlements in each.
Represented Mentor Graphics and Meta Systems before the International Trade Commission. Obtained an advisory opinion approving modified use of hardware emulation systems. The ALJ’s favorable opinion was affirmed by the Commission.
Represented Lomonosov Porcelain in obtaining a temporary injunction and later a preliminary injunction in a trade dress action involving its distinctive “colbalt net” pattern.
Represented Barnes & Noble in a trademark dispute concerning the title of one of its books.
Represented Scientific Industries in trademark, trade dress and patent suit concerning laboratory mixers. Obtained preliminary injunction.
Counseled a variety of companies in connection with pre-litigation trademark, copyright, and false advertising matters.