Attorneys

stephen

Stephen M. Doniger

Mr. Doniger focuses on business disputes in general and intellectual property in particular, representing photographers, authors, fine artists, and clients in the marketing, fashion, entertainment, real estate and hospitality industries. He has been selected to the Southern California Super Lawyers List, an honor bestowed on only 5% of lawyers in the area, for the years 2021-2022, and selected as the exclusive copyright law expert and recommended attorney for California by Global Law Experts.

Over his 25 years of practice, Mr. Doniger has established an impressive litigation record, particularly in the handling of copyright and trademark disputes. Since his first trial as a sole practitioner in 1997 (One World Marketing v. MEK Int’l, BC 193556 – $550,000 trademark infringement / trade secret theft jury verdict), he has prevailed in every intellectual property lawsuit taken to trial, and has been lead trial counsel in many of the largest copyright verdicts in the Central District, including:

  • A.V.I.D., LLC v. Exist, Inc., Case No. 2:10-cv-09383 ($1,754,272 verdict)
  • Unicolors v. H&M Hennes Mauritz, LP., 2:16-cv-2322 ($817,920 verdict)
  • Desire LLC v. Manna Textile, et al., 2:16-cv-4295 ($480,000 verdict)
  • TMB III Movie, LLC v. PFG Entertainment, 2:13-cv-04949 ($460,000 verdict)
  • U.F.I. v. Lane Bryant, et al., 2:08-cv-6865 ($447,670 verdict)
  • EKB v. Target Corp., et al., 2:10-cv-3334 ($389,638 verdict)

He has also realized numerous six and seven figure settlements in his clients’ favor, including a $1.1 million day-of-trial settlement in Star Fabrics, Inc. v. Morex, Inc. et al., CV-10-7987, and a low seven-figure settlement in L.A. Printex Industries, Inc. v. William Carter Co., CV09-02449 (reached after a jury verdict for willful infringement in a bifurcated trial).

Mr. Doniger has successfully litigated cases in the courts of California, New York, Pennsylvania, Texas, Nevada, and North Carolina, and he has overseen litigation in foreign jurisdictions including Canada and the United Kingdom through the firm’s network of local counsel. He has also successfully handled numerous state and federal appeals, most recently securing a win for his client in Malibu Textile v. H&M Hennes Mauritz, 17-99583 (9th Cir., April 24, 2019 published opinion).

Mr. Doniger currently serves as counsel for American Photographic Artists, and works with the Coalition of Visual Artists to, inter alia, advance the rights of artists through the promotion of legislative and other avenues. He has been a featured speaker on intellectual property topics for CSUSA, The California Lawyers Association, APA, California Lawyers for the Arts, USC’s Law School and Marshall School of Business, the Art Institute, and many other groups. He has been featured and quoted in many other articles on intellectual property and business topics, and has been retained as an expert witness in copyright infringement prosecution.

Mr. Doniger is also a graduate of the Straus Institute’s mediation training program, and has mediated cases both privately and for the Los Angeles Superior Court. When not helping clients, he can often be found teaching his young children about black holes, dark matter, and the many other things around us that lend perspective to the actual significance of our problems.

Stephen Doniger

Rated by Super Lawyers

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Burroughs

Scott Alan Burroughs

Mr. Burroughs was selected as a California Rising Star for the years 2015-2019 by Los Angeles Magazine and Super Lawyers. Since transitioning to oversee the firm’s New York office, he has been selected as a New York Super Lawyer for the years 2021-2023. He has handled over a thousand art and business law disputes involving fashion, art, photography, scripted and reality programming, music, accessories, literature, documentary and feature films, websites, advertising, novelty goods, jewelry, hospitality, and home décor.

In 2022 alone, he prevailed before the Supreme Court of the United States in an important art and copyright case, obtained a ruling in New York affirming the rights of artists who use Instagram to market their work, and obtained a ruling in California that clarified the contours of the “fair use” defense and strengthened artists’ rights.

Over the course of his career he has obtained numerous six and seven-figure results for his clients, and a number of the top copyright jury verdicts in Los Angeles, including the following:

  • Unicolors, Inc. v. Urban Outfitters, Inc. ($531,000.00)
  • Novelty Textiles, Inc. v. The Wet Seal, Inc., ($650,000.00)
  • United Fabrics International v. Lane Bryant, Inc., ($447,670.60)

Mr. Burroughs has also argued successfully before the 9th Circuit Court of Appeals, creating new law on important, cutting-edge copyright issues, including the following:

  • Unicolors, Inc. v. Urban Outfitters, Inc. (No. 15-55507) (published opinion) (Defended summary judgment victory and jury verdict on appeal in copyright case. Appellate Court affirmed in full, clarifying important copyright law issues regarding access, substantial similarity, and registration).
  • L.A. Printex Industries, Inc. v. Aeropostale, Inc., (No. 10-56187) (published opinion) (Full reversal of a district court decision awarding more than $400,000.00 against the firm’s client, after which the client prevailed at the liability stage of a bifurcated jury trial and the case settled for a low seven-figure sum the night before the damages stage was set to begin).
  • United Fabrics Int’l, Inc. v. C&J Wear, Inc., (No. 09-56499) (published opinion) (Full reversal of a district court ruling against the firm’s client, after which summary judgment was entered in favor of the firm’s client).

Mr. Burroughs is passionate about protecting the rights of artists and content creators, and writes and speaks often on the subject. He has lectured for California Lawyers for the Arts, the Fashion Business Institute, the Loyola Law School Fashion Symposium, and the University of Southern California Law School, and written articles for the Daily Journal, Bloomberg News, and others. He also taught Fashion Law at the Art Institute of California, and writes a copyright law column for leading legal website Above the Law: https://abovethelaw.com/author/scottalanburroughs/

Mr. Burroughs is a member of the California and New York State Bars and handles litigation for firm clients in jurisdictions around the world. Prior to joining the firm, he worked at Sony Pictures Entertainment, Miramax Films, SFX Entertainment, and as a music journalist. He earned his Bachelor of Arts at the University of California, San Diego and his Juris Doctorate from the University of Southern California.

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Shein

David R. Shein

David Shein specializes in the enforcement of copyrights on behalf of diverse clients including songwriters, recording artists, photographers, graphic designers and painters. He also represents clients on the plaintiff and defense side in high stakes trademark cases and business disputes. Much of his practice focuses in and around the entertainment and fashion industries where he has been able to bring to bear his own experience in those areas to provide practical as well as legal insight both in and out of litigation.

Mr. Shein’s representative matters:

Represented songwriter and recording artist Jaime Ciero against The Walt Disney Company in copyright dispute regarding the hit song Let It Go from the Frozen soundtrack. Ciero v. The Walt Disney Company, et al. U.S.D.C. Case No. 17-cv-08544 GW (MRWx).

Obtained summary judgment in favor of bass player Juan Croucier in trademark infringement case involving the band name RATT. Won a court order holding that a 1996 transfer purporting to assign the RATT trademark from the original RATT partnership was invalid and ruled in Croucier’s favor on all counts. The ruling was upheld on appeal and the court thereafter entered an award of attorneys’ fees in favor of Croucier in the amount of $232,927.50. WBS, Inc. v. Juan Croucier, et al., U.S.D.C. Case No. CV 15-07251 DDP (JCx)

Represented renowned painter and street artist Mark Paul Deren aka Madsteez in a case against Sharp Electronics wherein Deren alleged that Sharp had used his photograph, artwork, and likeness without authorization to market and promote Sharp televisions. Mark Paul Deren v. Sharp Electronics Corporation et al. U.S.D.C. Case No.: 15-CV- 0869-JLS-JCG.

Represented fashion design house in a hotly contested copyright infringement dispute with a large Florida-based clothing supplier and obtained a $1,754,272 jury verdict at trial alongside Stephen Doniger. Advanced Visual Image Design, LLC v. Exist, Inc., U.S.D.C. Case No. 2:10-cv-09383

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DiNicola2

Matthew DiNicola

Mr. DiNicola leads the firm’s transactional projects. He maintains a diverse corporate, entertainment, and intellectual property practice emphasizing complex transactional work.

Mr. DiNicola regularly takes on the role of outside general counsel for his corporate clients as he represents them with respect to corporate governance, strategy, and executive/key personnel compensation issues while taking the lead in transactions involving companies in a number of industries including technology, manufacturing, fashion, design, consumer products, media, food and beverage, hospitality, restaurants, and real estate.

Mr. DiNicola has also advised entertainment production companies and producers with respect to the financing, production, and distribution of motion pictures and television series. He also represents talent, including directors, writers, actors, songwriters, and music composers in connection with their contributions to entertainment projects and non-entertainment business endeavors.

Mr. DiNicola’s intellectual property practice focuses on assisting clients with copyright and trademark registration, clearance, portfolio management, enforcement, and licensing. He assists brand and content owners in many industries, including the apparel, entertainment, video game, and social media industries.

Mr. DiNicola earned his Juris Doctorate from Pepperdine University School of Law in 2004 and is licensed to practice in the State of California and the State of Texas. He earned his Bachelor of Arts in Political Science from Vanderbilt University in 2000. Among his long list of impressive accolades, Mr. DiNicola earned a Certificate in Dispute Resolution from the Strauss Institute for Dispute Resolution, which is ranked as the top program of its kind in the nation.

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tbarrett

Trevor W. Barrett

Trevor W. Barrett is a partner at Doniger / Burroughs, representing clients in counseling and commercial litigation, including transactions and civil litigation for clients in the fashion, textile, art, entertainment, music and media industries. Mr. Barrett was selected as a Super Lawyers Rising Star for the Southern California region for the years 2020-2022. Mr. Barrett is also currently serving as Co-Chair of the American Bar Association’s Copyright Litigation Committee. Mr. Barrett regularly represents content creators, artists, jewelry companies, photographers, and apparel and textile companies to enforce and protect their rights against infringers, and has extensive experience litigating copyright infringement disputes.

Mr. Barrett has represented a diverse array of clients in hundreds of disputes, including as trial counsel in over 400 federal lawsuits, second-chairing several trials, and handling appeals before the 9th Circuit Court of Appeals. Mr. Barrett has prevailed at the summary judgment and jury trial stages, obtaining numerous six- and seven-figure results for his clients.

Mr. Barrett earned his Juris Doctorate from the UCLA School of Law, with a specialization in Entertainment, Media, and Intellectual Property. While at UCLA, Mr. Barrett served as Managing Editor of the UCLA Entertainment Law Review and as Vice President of the Sports Law Federation. During law school he also competed in moot court and the national sports law negotiation competition. Mr. Barrett earned a Bachelor of Arts degree, magna cum laude, from California State University, Northridge in Music Industry Studies, with a minor in Cinema and Television Arts Media Management, being awarded the Presidential Scholarship.

Prior to his legal career, Mr. Barrett worked in the Business and Legal Affairs Department of NBC Universal’s Comcast Entertainment Group, in marketing for an international film distributor, as a music supervisor for film trailers and political promotional materials, and as head of a non-profit record label. Mr. Barrett has wide-ranging experience in the entertainment industry, an expansive knowledge of entertainment business transactions, and material experience in civil litigation. He is licensed to practice before the Central District of California, 9th Circuit Court of Appeals, and Supreme Court of the United States.

A passionate proponent of music, media, art. and fashion, Mr. Barrett endeavors to facilitate, protect, and enforce creative expression and the intellectual property of creative individuals and companies of all sorts. Mr. Barrett is a husband and father, and enjoys spending time with his family when not fervently advocating on behalf of his clients.

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kelsey

Kelsey M. Schultz

Ms. Schultz’s practice includes representing artists, designers, and business owners in all manner of intellectual property and business litigation. Prior to joining Doniger / Burroughs, Kelsey M. Schultz worked as an associate at a Hollywood entertainment law firm concentrating on entertainment litigation. Her research and writing led to the successful resolution of several high-profile cases involving issues of intellectual property infringement, right of publicity, defamation, and trade secret misappropriation.

Ms. Schultz earned her Juris Doctorate with a concentration in Entertainment and New Media Advocacy from Loyola Law School, Los Angeles in 2018, where she was Vice President of the Entertainment & Sports Law Society and the Loyola Wine & Spirits Law Society. She also independently organized the Fashion Law Panel for Loyola Law School’s prestigious Entertainment Law Symposium, which hosted well-known fashion designers and influencers. Ms. Schultz holds two Bachelor of Arts degrees in Political Science and History from the University of California, San Diego. When not working to protect the interests of her clients, Ms. Schultz enjoys traveling, attending concerts and music festivals.

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frank

Frank Trechsel is an associate in the firm’s Los Angeles office. He is a creative litigator whose practice focuses on entertainment, art, and copyright litigation. His representative matters include the highly publicized copyright lawsuit over the song Blurred Lines on behalf of Marvin Gaye’s Estate, numerous cases for musician, management, and record label clients relating to recording and management contracts, Talent Agency Act litigation, and defamation cases.

Mr. Trechsel graduated cum laude from Tulane University Law School and obtained his undergraduate degree with distinction from Indiana University. When not zealously representing his clients, he enjoys live music, festivals, hiking, camping, and the beach. He has also worked for and volunteered with multiple production companies, music venues, and music festivals and is intimately familiar with the live music and event industry.

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benjamin

Benjamin F. Tookey

Benjamin Tookey is an associate in the firm’s Los Angeles office and is passionate about protecting and enforcing the intellectual property rights of musicians, filmmakers, photographers, designers, writers, and all manner of artists. He has experience representing clients in high-stakes cases involving federal, state, and common law trademark, copyright, false advertising, right of publicity, and false endorsement claims, as well as contract and business disputes. Mr. Tookey has found success in all phases of litigation, including prevailing at summary judgment and securing victories on appeal. Prior to joining Doniger / Burroughs, he was an associate in the trademark and copyright practice group at a leading intellectual property firm, where he regularly published articles on developments and trends in trademark, copyright, false advertising, and right of publicity law.

Mr. Tookey graduated cum laude from the Washington University in St. Louis School of Law where he was a member of the National Moot Court Competition Team, an editor for the Journal of Law & Policy, and an extern for the Hon. Patricia L. Cohen, U.S. District Court for the Eastern District of Missouri. He is also a member of the Order of Barristers and earned his Bachelor of Science degree in Arts Management from Indiana University.

Mr. Tookey’s passion for protecting artists’ rights stems from his own background as a musician. When not representing his clients, Mr. Tookey enjoys writing and recording music, attending concerts and shows, playing basketball, traveling, and spending time with his family.

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michael

Michael D. Steger

Michael D. Steger is of counsel to the firm, practicing primarily in New York. He focuses on intellectual property, entertainment, litigation, and business matters in the fashion, entertainment, photography and software industries. In 2010, he was named “Best Intellectual Property Attorney for Growing Businesses” by New York Enterprise Report magazine. Mr. Steger has tried numerous cases to judges, juries, and arbitrators in federal and state court, including as lead counsel in Berman v. Johnson, 518 F.Supp.2d 791 (E.D.Va. 2007), a seminal case on authorship of films. Mr. Steger’s entertainment practice focuses on film, television, internet and music projects, and he represents creatives and production companies in matters including film, television, and online financing, and production, distribution and syndication agreements. He has served as production counsel for several films and broadcast and cable television programs.

His corporate and business experience includes forming and dissolving corporations, limited liability companies and partnerships, as well as contract drafting and review, employment matters, drafting buy-sell and other shareholder agreements, and handling investment transactions. Before joining the firm, Mr. Steger was in-house counsel for STF Productions, Inc., the producer of Fox’s “America’s Most Wanted” and the syndicated “Final Justice,” where he also handled business and legal affairs for other Fox entities.

He previously represented clients ranging from individuals to Fortune 500 companies in California. Mr. Steger is Co-Chair of the American Bar Association’s Intellectual Property Litigation Committee, a member of the ABA’s Entertainment and Sports Law and Communications Law Forums, and a member of the New York City Bar Association’s Trademarks and Unfair Competition Committees. He has written and spoken extensively on intellectual property and entertainment law matters. Mr. Steger received his J.D., M.A. and B.A. from the University of Virginia and is admitted to practice in the state and federal courts in New York, California, Virginia, and the District of Columbia

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rcherry

Robert Cherry is a business, entertainment, and intellectual property attorney practicing in Austin, Texas and the surrounding areas. He uses his background in litigation and transactional work to help creative and emerging companies in the arts & entertainment, digital media, technology, professional services, and fashion industries. He strives to help clients achieve their business goals and manage their legal risk. Robert maintains a license to practice law in both Texas and California. And his contemporary, context-sensitive approach to providing legal services, as well as the extraordinary care that he exhibits for each client, sets him apart as an attorney for independent artists, start-ups, and creative companies. Robert earned his Bachelor of Science at Texas State University – San Marcos and his Juris Doctorate from Vermont Law School and was a judicial extern for the Vermont Supreme Court. In his free time, Robert stays active in the local Austin music scene – either promoting independent music or performing in one of his bands.

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ccloud

Christian Cloud

Christian spent 25 years a professional model and actress, and has extensive experience in the worlds of fashion, photography, and production. She holds a Fine Arts degree from the University of Washington, where she was a member of the lacrosse team. As the Photography Client Manager at Doniger / Burroughs, she works directly with clients in the creative industries to manage their intellectual property portfolios and enforce their copyrights, publicity rights, and trademarks.

london

London Zamora is a second generation Los Angeles native who is passionate about performing arts and the law. London graduated from the California State University, Northridge with a Bachelors degree in Political Science and an emphasis in Law and Society. In 2019, she completed the University of California, Los Angeles Paralegal program and earned her certificate with distinction. She is a member of the Los Angeles Chapter of Women in E-Discovery and the Los Angeles Paralegal Association. When London is not being a rockstar in the firm, she is hanging with friends at the beach, hiking the local trials, and enjoying the nightlife in her Montebello neighborhood where she lives with her rescued dog Prince. … personnel compensation issues while taking the lead in transactions involving companies in a number of industries including technology, manufacturing, fashion, design, consumer products, media, food and beverage, hospitality, restaurants, and real estate.

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Mackenzie Paladino

Mackenzie Paladino is an associate licensed in Illinois and New York. She is passionate about protecting the intellectual property rights of artists, stemming from her personal interest in fashion and design. Prior to joining Doniger / Burroughs, Mackenzie was a judicial law clerk in the Southern District of Texas where she worked on a variety of civil and criminal matters in federal court.

Mackenzie earned her Bachelor of Arts degree from Rutgers University where she graduated cum laude. Mackenzie earned her Juris Doctorate from Washington University in St. Louis where she served as secretary of the Student Bar Association and staff editor of the Jurisprudence Review Law Journal. During law school, Mackenzie worked in the post-conviction relief clinic where she worked on high-profile wrongful conviction cases. Mackenzie was also published in the Washington University Jurisprudence Review Journal. When not working, Mackenzie enjoys spending time with her two cats (Lorenzo and Donatella), traveling, and attending concerts, fashion shows, and art galleries.

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David M.S. Jenkins

David Jenkins is an associate based in the firm’s New York office and is dedicated to serving and protecting the rights of artists of all mediums. Mr. Jenkins works primarily in copyright and intellectual property litigation to secure favorable outcomes and recovery in infringement cases on behalf of photographers, muralists and street artists, illustrators, fabric designers, and musicians, among others. Mr. Jenkins is also experienced in transactional projects, including the drafting of consignment agreements, representation agreements, licenses, and contracts for public art projects.

Mr. Jenkins earned his Juris Doctorate from the University of Texas School of Law, where he served as President of the Texas Law Art Association and editor of the Texas Intellectual Property Law Journal. He also organized multiple legal clinics for artists and designed and presented free copyright law workshops for artists, has published numerous articles on issues at the intersection of art and the law, worked hands-on in art spaces and arts non-profits, and helped coordinate a city-wide open studio tour in Austin, Texas. When not passionately serving clients, Mr. Jenkins enjoys visiting and volunteering at local art spaces, reading and writing fiction, running by the waterfront, and exploring New York’s best eateries with his friends.

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