Jeffrey D. Goldman
Loeb & Loeb LLP
Suite 2200, 10100 Santa Monica Boulevard
Los Angeles, CA 90067
(Los Angeles)

Admitted: California

Law School:

College:

Birth Date and Place:

Practice Areas: Intellectual Property, Civil Litigation, Copyrights

Additional Information:
Jeff Goldman is an experienced trial lawyer, with particular focus in copyright, trademark and entertainment litigation. He counsels a diverse array of clients, including record companies, motion picture studios, music publishing companies and prominent recording artists, actors, songwriters and athletes.

Among other significant matters, Mr. Goldman represented the recording industry in the landmark Napster copyright litigation; counseled Geffen Records in its disputes with Courtney Love concerning her recording agreement and the Nirvana catalog; and represented MCA Records in a precedent-setting case involving the interaction of trademark law with the First Amendment.

Mr. Goldman has also litigated cutting-edge issues in the intellectual property arena for clients in various industries, including toy companies, automakers, pharmaceutical companies, magazine publishers and cosmetics companies.

Prior Work Experience

Prior to joining Loeb & Loeb LLP, Mr. Goldman was a partner at Mitchell Silberberg & Knupp LLP in the Los Angeles office.

Representative Experience

Among the intellectual property issues Mr. Goldman has litigated are the following:

* The differing legal requirements for claims under the Lanham Act and the Federal Anticybersquatting Consumer Protection Act. Rexel, Inc. v. Rexel Intern. Trading Corp., 540 F. Supp. 2d 1154 (C.D. Cal. 2008). * The use of prior art to defeat a claim of copyright infringement. Lil' Joe Wein Music, Inc. v. Jackson p/k/a 50 Cent, 245 Fed. Appx. 873 (11th Cir. 2007). * The application of the Copyright Act to foreign copyrights. Lahiri v. Universal Music & Video Distribution, Inc., 513 F. Supp. 2d 1172 (C.D. Cal. 2007). * Whether damages for failure to credit an author are recoverable under the Copyright Act. UMG Recordings, Inc. v. Disco Azteca Distributors, Inc., 446 F. Supp. 2d 1164 (E.D. Cal. 2006). * A search engine's liability for displaying and copying copyrighted works. Perfect 10 v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2006). * The availability of extraterritorial damages under the Copyright Act. Rondor Music Intern., Inc. v. TVT Records LLC, 2006 WL 5105272 (C.D. Cal. 2006). * A flea market's responsibility for infringements on its premises. Arista Records, Inc. v. Flea World, Inc., 78 U.S.P.Q.2d 1339 (D. N.J. 2006); UMG Recordings, Inc. v. Sinnott, 300 F. Supp. 2d 993 (E.D. Cal. 2004). * The establishment of a copyright interest in an orally-authorized derivative work. Williams v. UMG Recordings, Inc., 2006 WL 1307922 (9th Cir. 2006). * The famous mark exception to the territoriality limitations of trademark law. London Regional Transport v. Intershoe, Inc., 2006 WL 2032540 (T.T.A.B. 2006). * Copyright misuse as a defense to infringement. Arista Records, Inc. v. Flea World, Inc., 356 F. Supp. 2d 411 (D. N.J. 2005). * Whether a defendant’s receipt of royalties revives an otherwise time-barred claim for copyright infringement. Bridgeport Music, Inc. v. Rhyme Syndicate Music, 376 F.3d 615 (6th Cir. 2004). * Abandonment of a trademark by lack of use. Woodard v. Jackson, 2004 WL 771244 (S.D. Ind. 2004). * The quantum of proof necessary to prove a license to sample a copyrighted work. Bridgeport Music, Inc. v. DJ Yella Muzick, 99 Fed. Appx. 686 (6th Cir. 2004). * The availability of punitive damages under the Copyright Act. Saregama India Limited v. Young, 2003 WL 25769784 (C.D. Cal. 2003). * Whether the Lanham Act encompasses claims for failure to credit an author. Williams v. UMG Recordings, Inc., 281 F. Supp. 2d 1177 (C.D. Cal. 2003). * The applicability of the “first sale� doctrine to parallel imports. UMG Recordings, Inc. v. Norwalk Distributors, Inc., 68 U.S.P.Q.2d 1635, 2003 WL 22722410 (C.D. Cal. 2003). * Whether digital transmissions are covered by the typical “grant of rights� in recording agreements of the 1960s and 1970s. Silvester v. Time Warner, Inc., 763 N.Y.S.2d 912 (2003), aff’d, 787 N.Y.S.2d 870 (2005). * When the statute of limitations accrues on a claim for failure to pay royalties. Mappa Music Co. v. Universal-PolyGram International Publishing, Inc., 62 U.S.P.Q.2d 1582 (C.D. Cal. 2001). * A website’s liability for its users’ infringements. A&M Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896 (N.D. Cal. 2000), aff’d, 239 F.3d 204 (9th Cir. 2001). * The applicability of the Digital Millennium Copyright Act’s “safe harbors� to the various functions of an Internet Service Provider (ISP). A&M Records, Inc. v. Napster, Inc., 54 U.S.P.Q.2d 1746 (N.D. Cal. 2000). * The constitutionality of the federal anti-bootlegging statute. U.S. v. Moghadam, 175 F.3d 1269 (11th Cir. 1999). * The interaction between trademark law and the First Amendment. Mattel, Inc. v. MCA Records, Inc., 28 F. Supp. 2d 1120 (C.D. Cal. 1998), aff’d, 296 F.3d 894 (9th Cir. 2002). * The scope of the fair use defense to a trademark infringement claim. Mattel, Inc. v. MCA Records, Inc., 46 U.S.P.Q.2d 1407 (C.D. Cal. 1998). * The propriety of injunctive relief to protect a trademark with limited market recognition. Fierberg v. Hyundai Motor America, 44 U.S.P.Q.2d 1305 (C.D. Cal. 1997). * The existence and scope of the “synchronization right� for sound recording copyrights. Agee v. Paramount Pictures, 59 F.3d 317 (2d Cir. 1995). * Laches as a defense to a claim for co-authorship of a copyrighted work. Jackson v. Axton, 814 F. Supp. 42 (C.D. Cal. 1993), aff’d, 25 F.3d 884 (9th Cir. 1994).

Publications/Speeches

* Panelist, Digital Hollywood, Intellectual Property - Rights vs. Implications of Technology Innovation - from UGM to P2P - Understanding the Legal March of History (Fall 2007) * Co-author, Pollution in the Blogosphere, Los Angeles Lawyer (June 2007) * Speaker, Intellectual Property, California Society of Certified Public Accountants, Litigation Committee (February 2003) * Co-author, Back to the Future: The Napster Decision Confirms the Applicability of Traditional Copyright Principles to the Internet, Sedona Conference Journal, Vol. 2 (Fall 2001) * Panelist, Technology Roundtable: Stop The Music, Cyberesq. (Spring 2001) * Co-author, Federal Antitrust Law in the Supreme Court and the Ninth Circuit 1990-95, American Bar Association, Hot Topics for Corporate Counsel (1995) * Co-author, Vicarious Triumph: Manufacturers Are Finding that Indirect Theories of Liability Can Be a Potent Weapon in the War on Counterfeit Goods, Los Angeles Daily Journal (April 27, 1995) * Co-author, Ninth Circuit Says Laches Applies to Copyright Claim, National Law Journal (October 31, 1994)

Distinctions

* Recipient, Honorary Gold Record by the Recording Industry Association of America * Named in Southern California Super Lawyers magazine in Intellectual Property Litigation and Intellectual Property by Law & Politics (2004-2009)

Firm Members: Robert Meyer, Jonesh Daryanani

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