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Seth A. Gold

Partner
+1.310.552.5079
Fax +1.310.552.5001
Seth A. Gold, a partner in the firm’s Los Angeles office, focuses his practice on intellectual property, false advertising, entertainment, and complex commercial litigation. Mr. Gold has experience in all phases of litigation, including trials and appeals in state and federal courts. Mr. Gold also is the co-chair of the firm’s social media practice group and regularly advises clients with respect to intellectual property transactions, brand protection, and brand enforcement.

Mr. Gold’s practice includes representing plaintiffs and defendants in disputes regarding traditional intellectual property uses as well as emerging technologies and new media. He also has advised clients and litigated issues involving various online technologies and platforms and also with respect to Federal Trade Commission regulations, keyword and metadata advertising practices, the Digital Millennium Copyright Act, the Communications Decency Act, and the First Amendment.

Mr. Gold has provided legal services for publicly traded companies, private companies, film studios, major record companies, and individuals.

Professional Background

Prior to joining K&L Gates, Mr. Gold practiced as a partner at another firm in California.

Achievements

Mr. Gold was selected for inclusion in the Southern California Super Lawyers by Los Angeles Magazine in 2015, 2016, and 2017.

Professional/Civic Activities

  • Los Angeles County Bar Association
  • Beverly Hills Bar Association
  • Member, Association of National Advertisers

Speaking Engagements

  • Internet Marketing and Intellectual Property Management and Enforcement, co-panelist with Danielle Van Lier, ACC-SoCal Sports and Entertainment Conference, and with Christina Goodrich, ACC-SoCal Roundtable (June 2016)
  • Marketing and Advertising Injuries -- Are you Covered?, co-panelist with David Schack, Association for Corporate Counsel Southern California Chapter, In-House Counsel Conference (January 2014)
  • Internet Marketing and Intellectual Property Management and Enforcement, various Continuing Legal Education seminars (2014–present)

Additional Information

Publications
  • Quoted, The New York Times, “$6.4 Million Judgment in Revenge Porn Case Is Among Largest Ever,” April 11, 2018
  • Quoted, Los Angeles Times, “Man ordered to pay nearly $6.5 million to ex-girlfriend in L.A. ‘revenge porn’ case,” April 10, 2018
  • Quoted, CNN, “Woman awarded $6.45 million in revenge porn case,” April 9, 2018
  • Seth A. Gold and Etienne Drouard, “Staking Their Claims to ‘Je Suis Charlie’: The French trademark office rejected a registration bid, but other jurisdictions are more permissive,” The National Law Journal, February 9, 2015
Trademark/Copyright
  • Arcsoft, Inc. v. Cyberlink Corp. et al., 153 F.Supp.3d 1057 (N.D. Cal. 2015). Obtained dismissal of trademark dilution and trade dress infringement claims and successfully opposed motion for preliminary injunction.
  • Louisiana Pacific Corporation v. James Hardie Building Products, Inc., 2012 U.S. Dist. LEXIS 162980 (N.D. Cal.). Obtained dismissal of tortious interference claim in trademark infringement action based on keyword advertising practices.
  • Infostream Group Inc. v. Avid Life Media Inc. et al., 2013 WL 6018030 (C.D. Cal.). Obtained dismissal with prejudice of entire action alleging trademark infringement claims based on keyword advertising and metadata practices.
  • In the matter of Certain Composite Bulk Intermediate Containers, Inv. No. 337-TA-1014 (USITC). Represented respondent in International Trade Commission matter involving trade dress claims. Complainant withdrew complaint on eve of expert reports without settlement.
  • Tri-Union Seafoods, LLC dba Chicken of the Sea v. Mr. Tuna, Inc. Obtained US$9.8 million judgment in trademark infringement action on behalf of famous distributor of tuna fish.
  • Koss Corporation v. Max Sound Corporation. Obtained consent judgment including injunction in trademark infringement action on behalf of famous maker of headphones.
  • Trustees of the Coppola Family Trust et al. v. Torg Holding Company et al. Prosecuted trademark infringement action on behalf of famous winery.
  • Obtained judgment for famous coffee company in trademark infringement, trademark dilution, and copyright action.
  • Obtained dismissal of trademark infringement action for addiction recovery center on the basis that plaintiff lacked standing because of failure of rights granted in a license agreement.
Entertainment
  • Stell v. Jordan, 85 Fed. Appx. 641, 2004 WL 68700 (C.A.9 (Ariz.)). Obtained dismissal of copyright action against authors and performer of Billboard’s 1995 number one song, based on plaintiff’s discovery abuses.
  • Sony Pictures Entertainment, Inc. v. Fireworks Entertainment Group, Inc. et al., 156 F. Supp. 2d 1148 (C.D. Cal. 2001), vacated pursuant to settlement, 2002 WL 32387901 (C.D. Cal.). Prosecuted trademark and copyright infringement action regarding feature film “Mask of Zorro” and trademarks in Zorro character.
  • Spacey v. Burgar et al., 207 F. Supp. 2d 1037 (C.D. Cal. 2002). Prosecuted trademark and cyberpiracy action against foreign internet website operator; case involved personal jurisdiction over foreign website operator, as well as Commerce Clause and First Amendment issues.
  • Pahler v. Slayer et al., 29 Media L.Rep. 2627 (Cal. Superior 2001), 2001 WL 1736476. Defended musical band in high-profile litigation alleging band’s music and lyrics incited murder of teenage girl; court dismissed plaintiffs’ claims on the basis that First Amendment protected client’s expression.
  • Represented member of iconic band against other member in dispute over use of trademarks in merchandising.
  • Represented lenders in fraud and breach of contract action arising out of motion picture financing.Represented various production companies, record labels, and studios in claims of copyright infringement.
Other/General Commercial Litigation
  • Jane Doe v. David K. Elam (C.D. Cal.). Obtained US$6.45 million judgment against defendant who engaged in “revenge porn” campaign; one of the largest judgments in a matter involving nonconsensual pornography; reported in media throughout the world, including The New York Times, CNN, BBC, and the Los Angeles Times.
  • California Expanded Metal Products Co. v. Clarkwestern Dietrich Building Systems, LLC et al., 2014 WL 5475214 (C.D. Cal.). Obtained order dismissing plaintiff’s negligent interference claim.
  • Avid Life Media, Inc. et al. v. Infostream Group, Inc., 2013 WL 6002167 (C.D. Cal.). Obtained ruling that litigation privilege does not insulate defendant from breach of nondisparagement agreement arising out of statements made by defendant in litigation against third party.
  • Mancini v. Ticketmaster (C.D. Cal.). Defended putative class action alleging Consumer Legal Remedies Act and related claims arising out of post purchase activity.
  • Saint Agnes Medical Center v. Pacificare of California, 31 Cal. 4th 1187 (2003). Represented medical center in dispute regarding, among other things, whether arbitration provision could be invoked for parties’ dispute.
  • 2KDirect, Inc. v. AzoogleAds US, Inc., et al. (C.D. Cal.) Represented online advertising network in lawsuit alleging trade dress infringement, breach of contract, and misappropriation of trade secrets involving serving banner advertisements across the internet.
  • The Wisdom Companies, LLC v. Epic Media Group, Inc. (Los Angeles Superior Court). Represented online advertising network in action alleging breach of contract and fraud arising out of the provision of lead generation services.
  • Nehemiah Progressive Housing Development Corporation v. Harris, et al. (Sacramento Superior Court). Represented tax-exempt corporation in action for breach of fiduciary duty, self-dealing, and related business torts against former chairman/executive director.
  • EGLO Leuchten GmbH v. Maxim Lighting International Inc., et al. (C.D. Cal.) Defended lighting manufacturer in action alleging business torts arising out of alleged distribution contract for foreign entity’s lighting products.