Our People

Jonathan Stuart Pink

Counsel

, Bryan Cave LLP
Irvine

Tel

1 949 223 7173

Fax

1 949 437 8773

Los Angeles

Tel

1 310 576 2100
jonathan.pink@bryancave.com
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Jonathan Stuart Pink

Counsel


Irvine and Los Angeles



3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

Phone:

1 949 223 7173

Fax:

1 949 437 8773

email:

jonathan.pink@bryancave.com

Jonathan Pink received his MFA from UCLA’s School of Film and Television (1988) and was an award-winning screenwriter before becoming an intellectual property and business lawyer. He leads Bryan Cave LLP's Entertainment & Media Team as well as the firm's Internet & New Media Team.

Mr. Pink is a trusted advisor to business leaders for whom he provides strategic, legal and business advice. His clients include globally recognized media corporations, Internet companies, visual and performing artists, music publishers, record labels, writers, directors, motion picture producers and a broad spectrum of content creators. He has earned an international reputation for achieving client, company and shareholder goals by aligning legal activities with corporate results, expanding business opportunities, protecting intellectual property interests, managing risk and handling complex litigation in state and federal court.

Mr. Pink's experience includes cases involving copyright infringement, trademark infringement, patent infringement, misappropriation of name and likeness (rights of publicity), misappropriation of trade secrets, breach of contract, unfair competition, and fraud. He was lead defense counsel in a seminal case invalidating as unconstitutional Section 511(a) of the United States Copyright Act, and co-led the defense of Grammy Award winning, American hip hop artists in series of high-profile copyright infringement lawsuits. His combination of creative, business and legal expertise gives him the unique leadership skills necessary to achieve client success in old and new media.

Mr. Pink is a frequent speaker at intellectual property conferences and is the author of more than three dozen intellectual property-related articles. He has provided commentary on intellectual property issues to ESPN's Morning Show and on NPR's All Things Considered, and has been frequently quoted by the New York Times, the Los Angeles Times, and the Wall Street Journal. In August 2013, Mr. Pink will become an adjunct professor at Western State University, School of Law, teaching an Intellectual Property Survey class. A resident in Bryan Cave's Santa Monica and Irvine offices, he has been named by the publishers of Los Angeles Magazine a "Southern California Super Lawyer" every year since 2002.

Professional Affiliations

  • Standing Committee on Trademark, State Bar of California
  • Southwestern Journal of Law and Trade in the Americas Alumni Association – President, 2004 to Present
  • Los Angeles Copyright Society
  • UC Irvine, School of the Arts, Dean's Leadership Counsel, 2009 - Present
  • Advisory Board, Southwestern Journal of International Law, 2009 - Present
  • Beverly Hills Bar Association
  • Orange County Bar Association
  • Member, The Recording Academy

Civic Involvement and Honors

Prior to entering law school, Mr. Pink was a syndicated cartoonist and screenwriter.  During law school, he was Editor-in-Chief of the Southwestern Journal of Law and Trade, 1994-1995.  He was named a "Southern California Super Lawyer" by Los Angeles Magazine in 2006, 2007, 2008, 2009, 2010 and 2011.

Languages

  • French

Jonathan Pink received his MFA from UCLA’s School of Film and Television (1988) and was an award-winning screenwriter before becoming an intellectual property and business lawyer. He leads Bryan Cave LLP's Entertainment & Media Team as well as the firm's Internet & New Media Team.

Mr. Pink is a trusted advisor to business leaders for whom he provides strategic, legal and business advice. His clients include globally recognized media corporations, Internet companies, visual and performing artists, music publishers, record labels, writers, directors, motion picture producers and a broad spectrum of content creators. He has earned an international reputation for achieving client, company and shareholder goals by aligning legal activities with corporate results, expanding business opportunities, protecting intellectual property interests, managing risk and handling complex litigation in state and federal court.

Mr. Pink's experience includes cases involving copyright infringement, trademark infringement, patent infringement, misappropriation of name and likeness (rights of publicity), misappropriation of trade secrets, breach of contract, unfair competition, and fraud. He was lead defense counsel in a seminal case invalidating as unconstitutional Section 511(a) of the United States Copyright Act, and co-led the defense of Grammy Award winning, American hip hop artists in series of high-profile copyright infringement lawsuits. His combination of creative, business and legal expertise gives him the unique leadership skills necessary to achieve client success in old and new media.

Mr. Pink is a frequent speaker at intellectual property conferences and is the author of more than three dozen intellectual property-related articles. He has provided commentary on intellectual property issues to ESPN's Morning Show and on NPR's All Things Considered, and has been frequently quoted by the New York Times, the Los Angeles Times, and the Wall Street Journal. In August 2013, Mr. Pink will become an adjunct professor at Western State University, School of Law, teaching an Intellectual Property Survey class. A resident in Bryan Cave's Santa Monica and Irvine offices, he has been named by the publishers of Los Angeles Magazine a "Southern California Super Lawyer" every year since 2002.

Select Representations

  • Outside copyright and right of publicity counsel to major, Texas based retailer, providing on-going clearance counseling to in-house legal team on advertising copy and accompanying images
  • Represents member of legendary rock-n-roll band in sale of client's share of copyright interest in band's library of works to third-party investor
  • Lead litigation counsel for music icon in contract and intellectual property dispute with bandmates
  • Lead outside intellectual property counsel for major U.S. recycling corporation, supervising and directing prosecution of large and complex mechanical arts patent infringement claims against alleged infringing competitors
  • Litigation counsel for major, international music and media company in matters related to copyright infringement, trademark infringement and breach of contract
  • Lead counsel in defense of copyright infringement claim asserted against legendary American rock artist from Minnesota
  • Counsel for classic American New Wave band in matters related to copyright reversion rights.
  • Prevailed as lead defense counsel in patent infringement dispute brought by U.S. sportswear designer against renown Canadian clothing manufacturer
  • Outside general counsel to new media company specializing in electronic/dance artists and run by Grammy-nominated songwriter/producer for platinum recording artists
  • Served as lead defense counsel in seminal intellectual property case invalidating as unconstitutional Section 511(a) of the United States Copyright Act. Marketing Information Masters, Inc. v. Board of Trustees of the California State University System, 552 F. Supp. 2d 1088 (S.D. Cal. 2008)
  • Defense counsel to Grammy Award winning, American hip hop artists in series of high profile copyright infringement lawsuits relating to the group’s international No. 1 hit songs
  • Represented Sephora USA in suit brought by Sophia Loren and the estate of Marilyn Monroe in claim for misappropriation of name and likeness
  • Represented major music publisher in cases involving, among other things, claims of copyright and beach of contract
  • Lead defense counsel to major Web content publisher in defense of copyright actions involving alleged infringement of photographic images
  • Successfully represented world-renown motion picture, television and theater entertainer in prosecution of claim for misappropriation of name and likeness arising out of internet advertising campaign
  • Represented motion picture producer in defending copyright claim regarding feature film released by Lions Gate Entertainment
  • Defense counsel to major television producer/director in connection with claim for infringement brought by popular music group, “The Black Keys”
  • Represented major restaurant chain in defense of copyright infringement claim arising out of restaurant’s use in television commercial of Cuban folk song, “Guantanamera”
  • Representation of studio artists, photographers, art dealers and gallery owners in a broad spectrum copyright issues including the Visual Artists Rights Act, moral rights, claims of infringement, licensing and the import/export of world renown works
  • Prevailed in defense of $10,000,000 claim for beach of contract and obtained award of $623,000 in attorneys fees in software distribution dispute in Northern District of California
  • Defended trademark infringement action involving the Oscar in claim brought by Academy of Motion Picture Arts and Sciences against world's largest statuette manufacturer
  • Successfully defended Italian based, multi-national corporation in software-centric, international copyright infringement dispute
  • Litigated international trademark dispute for major snack food manufacturing company that resulted in client gaining all U.S. (and many foreign) rights to contested mark
  • Southern California counsel for publicly traded, multi-national media conglomerate in issues related to outdoor advertising
  • Lead defense counsel in multi-state, multi-party trade secret and breach of contract dispute
  • Obtained extremely favorable and highly desirable settlement as client's lead defense counsel in multi-district patent infringement action brought by world-renown mattress manufacturer
  • Arbitrated international misappropriation of trade secrets dispute between oil re-refining companies located in India and the United States
  • Counsel for international, Japanese based electronics company in contractual and technology patent related matters 
  • Litigated multi-million dollar catalogue copyright dispute between mail order companies in Eastern District of New York
  • Defended textile designers in copyright infringement suits in Central District of California and Southern District of New York
  •  Lead counsel in defense of patent infringement claim arising out of fabrication of women's athletic apparel
  • Defended national infomercial production company in claims for breach of contract, right of publicity, copyright infringement and trademark infringement
  • Defended Oregon-based manufacturer of aeronautic navigational components in trademark infringement action involving meta data, hidden text and the initial interest confusion doctrine
  • Represented a motion picture producer in contract negotiations for purchase of movie and television rights to a Newberry Award winning novel
  • Successfully defended $2M breach of contract and intellectual property dispute brought by publicly traded manufacturer of cell phone technology, and prevailed on $4M counterclaim for fraud and breach of contract
  • Outside general counsel to Orange County designer and manufacturer of high-end motorcycle and automotive aftermarket goods
  • Outside general counsel to Los Angeles based snack food manufacturer
  • Outside general counsel to India based developer of oil refineries worldwide

Bar and Court Admissions

California, 1995

United States District Courts for the Central, Eastern, Northern and Southern Districts of California

United States Court of Appeals for the Ninth Circuit

Education

Southwestern University, J.D., 1995

University of California-Los Angeles, M.F.A., 1987

University of California-Berkeley, B.A., 1983

Languages

French

Publications

  • Jonathan Pink’s Intellectual Property Blog, jonathanpinkesq.com
  • “Britain Asks Schwarzenegger to Close Website,” IP Frontline, October 2009
  • "Blogging: Benefits, Barriers and Bombshells," New Matter, IP Quarterly, January 2009
  • "Copyright Quake Hits California: the Fall of the Copyright Remedy Clarification Act," New Matter, IP Quarterly, July 2008
  • "Understanding 'Best Efforts,'" California Lawyer, January 2008
  • "Teeing Up A Motion For Attorneys Fees," IP Frontline, October 2007
  • "Flooding the Engine: When Search Engine Optimization Crosses Into Illegality," California Lawyer, June 2006
  • "Who Wants to Be an IP Attorney? (A Trademark Primer)," California Lawyer, October 2005
  • "Confusion Over the Initial Interest Confusion Doctrine," IP Frontline, July 2005
  • "Questioning Depositions," California Lawyer, March 2004
  • "Copyright Myths Debunked," California Lawyer, May 2003
  • "Moral Rights: A Copyright Conflict Between the United States and Canada," 1 SW. J of L. & Trade Am 171, 1994

Speeches and Seminars

  • "Amoeba Music: Vinyl Vaults, Orphan Works and Copyright Infringement," American Bar Association, Intellectual Property Subgroup, May 2013
  • "Social Media and Copyright Infringement," The Center for Competitive Management, April 2013
  • "Copyright Issues in the Age of Pinterest," The Center for Competitive Management, February 2013
  • "Pinterest: Playing a Game of Copyright Chicken?" American Bar Association, Intellectual Property Subgroup, January 2013
  • “Appropriation Art – When Does ‘Borrowing’ for ‘Recontextualization’ Become ‘Copyright Infringement’?  An Unvarnished Examination of Fair Use in Artistic Creation,”  California State Bar's IP Institute, November 9, 2012
  • "You'd Better Watch Out, You'd Better Not Cry: Looming Intellectual Property Issues Are Coming to Town," featured presentation at the California State Bar's 36th Annual Intellectual Property Institute, November 2011

  • “You Made it, but do you own it?: The Legal Side of Art Collaboration,” presentation at University California, Irvine, Claire Trevor School of the Arts
  • "Key Words & Ad Words Uses and Disputes," presentation at California State Bar’s 34th Annual Intellectual Property and The Internet Conference, December 2008
  • "Blogging: Benefits, Barriers and Bombshells," featured presentation at the California State Bar's 33rd Annual Intellectual Property Institute, November 2008
  • "When Ethics Cross the Line Into Illegality: Spamming and Search Engine Optimization," California State Bar, Intellectual Property Section Conference: "The Trademark Office Comes to California," April 2006
  • KPBS "These Days" -- Searching the Internet Panel Discussion, March 2005
  • “Searching the Internet: Who's Watching?," San Diego Center for Ethics in Science and Technology, November 2005
  • "I'm So Confused: The Initial Interest Confusion Doctrine," State Bar of California's Annual Education Institute, January 2005
  • ESPN Morning Show "Cold Pizza," February 2004 

Professional Affiliations

  • Standing Committee on Trademark, State Bar of California
  • Southwestern Journal of Law and Trade in the Americas Alumni Association – President, 2004 to Present
  • Los Angeles Copyright Society
  • UC Irvine, School of the Arts, Dean's Leadership Counsel, 2009 - Present
  • Advisory Board, Southwestern Journal of International Law, 2009 - Present
  • Beverly Hills Bar Association
  • Orange County Bar Association
  • Member, The Recording Academy

Civic Involvement and Honors

Prior to entering law school, Mr. Pink was a syndicated cartoonist and screenwriter.  During law school, he was Editor-in-Chief of the Southwestern Journal of Law and Trade, 1994-1995.  He was named a "Southern California Super Lawyer" by Los Angeles Magazine in 2006, 2007, 2008, 2009, 2010 and 2011.

Education

  • Southwestern University, J.D., 1995
  • University of California-Los Angeles, M.F.A., 1987
  • University of California-Berkeley, B.A., 1983

Admissions

  • California, 1995
  • United States District Courts for the Central, Eastern, Northern and Southern Districts of California
  • United States Court of Appeals for the Ninth Circuit
 
Bryan Cave LLP and Affiliates