Jonathan Pink is a partner in the Los Angeles office of Lewis Brisbois, a member of the Intellectual Property & Technology Practice, and National co-chair of the firm's Entertainment, Media & Sports Practice. Mr. Pink is a nationally recognized copyright, trademark, patent and business litigator who represents high profile clients in the entertainment, advertising, fashion, automotive, licensing, media, and merchandising industries. He was the 2015 recipient of the IP Vanguard Award, the highest distinction awarded by the Intellectual Property Section of the California State Bar.
His clients have included companies such as BMG Rights Management, Pioneer Electronics, Viacom, CBS Outdoor, Sephora USA, Tilly’s, San Diego State University, Intercam Casa de Bola, McLeod Industries, Hurst Shifters, LA Choppers, Baron Custom Accessories, Sugar Bowl Bakery, Trophy Depot, and SA Recycling. He also has litigated on behalf of artists, creators and athletes such as Troy Palamalu, Henry Rollins, Bun E. Carlos, Ben Vereen, Kim Deal, The Descendents, Husker Du, the dBs, ALL, The Black Eyed Peas, and most members of the band, Black Flag.
Mr. Pink has litigated scores of copyright and trademark infringement cases as well as numerous matters involving rights of privacy and publicity, trade secrets, patents, breach of contract, unfair competition, fraud and other business torts. He is routinely called upon in high-profile cases, and has represented both plaintiffs and defendants in well over 100 intellectual property actions, some of which are listed below. As the key outside counsel to many middle-market companies, he does more than solve legal issues. Mr. Pink invests in his clients, takes ownership of their pressing issues, and finds solutions to fit their business and legal needs.
Mr. Pink is a frequent speaker on intellectual property matters and has been interviewed on copyright and entertainment issues by NPR News, Fox Broadcasting, ESPN, the New York Times, the Los Angeles Times and the Wall Street Journal among others. He has been named a “Southern California Super Lawyer” by the publishers of Los Angeles Magazine every year since 2007, teaches intellectual property law at Western State University, and is a member of the Recording Academy and the Television Academy. Prior to entering law school, Mr. Pink worked as a screenwriter and was a nationally syndicated cartoonist.
Mr. Pink provides powerful and strategic legal and business representation to a wide array of individuals, globally recognized corporations, icons of American industry, Fortune 1000 and emerging growth companies.
He successfully defended one of the most well respected bands in the history of pop music, and has represented some of the biggest names in Rock and Roll. He regularly serves as lead counsel for major, international entertainment corporations, entertainers, actors, artists, retailers and manufacturers, providing thoughtful leadership, strong legal arguments and dynamic trial strategy. He was lead attorney in several seminal trademark and copyright lawsuits, resulting in decisive victories for his clients. He has similarly achieved impressive results in complex patent infringement, misappropriation of name and likeness (rights of publicity), misappropriation of trade secrets, breach of contract, and unfair competition matters. He excels at obtaining impressive and important results for his clients in state and federal court.
Mr. Pink’s clients include globally recognized recording artists, media corporations, Internet companies, visual and performing artists, music publishers, record labels, writers, directors, motion picture producers, clothing retailers, motorcycle and automotive aftermarket manufacturers, a publicly traded, multi-national outdoor advertising conglomerate, and a broad spectrum of content creators.
He is an associate member of the National Academy of Recording Arts and Sciences (NARAS) and a voting member of the Academy of Television Arts and Sciences (ATAS), and an occasional associate professor of law. Mr. Pink is committed to creativity, innovation and collaboration.
Select Entertainment Matters:
- Obtained decisive victories for BMG Rights Management, (US) LLC in a series of copyright infringement, breach of contract and related actions in various courts across the nation.
- Provided Henry Rollins and other former members of the band, Black Flag, with a sophisticated defense to trademark infringement action brought by SST Records, resulting in an impressive recapturing of valuable rights for Rollins and other band members.
- Lead defense counsel to major, multi-platinum pop music group, The Black Eyed Peas, in a series of sophisticated, multi-million dollar copyright infringement lawsuits.
- Represented renown American singer, songwriter and musician, Kim Deal, of the Pixies and The Breeders in issues related to unpaid royalties, band ownership issues and accounting.
- Secured complete dismissal of all claims asserted against artist responsible for creating some of Rock & Roll’s most iconic album covers, including the Rolling Stone’s “lip and tongue,” “Jesus Christ Superstar” and many others.
- Represented film, theater and television icon, Ben Vereen in claim for misappropriation of name and likeness arising out of Internet ad campaign.
- Represented formative L.A. punk band, The Descendents in dispute with SST Records over issues related to Statements of Artist Royalties and Mechanical Royalties.
- Defended commercial production house in claim for copyright infringement brought by the band, The Black Keys.
- Lead defense counsel to a number of entertainment-news websites in a series of copyright infringement and right of publicity actions arising out of websites’ alleged unlicensed use of celebrity images.
- Provided defense to major restaurant chain in copyright infringement action arising out of use of Cuban the folk song, "Guantanamera" in television commercial.
- Accomplished strong defense objectives representing motion picture producer in copyright claims based on feature film released by Lions Gate Entertainment.
Selected Intellectual Property Matters:
- Successfully navigated dismissal of all claims in patent infringement suit arising from systems-patent covering concatenated convolutional codes contained in transmission equipment for broadcasting of digital television signals.
- Represented NFL star (and well-known hair care product spokesman) in various trademark matters including defense of alleged breach of trademark license agreement.
- Intellectual property counsel for publicly traded, action sports-branded clothing retailer with more than 400 stores nationwide.
- Lead plaintiff’s counsel in a patent infringement lawsuit in federal court, and inter partes review before the United States Patent and Trademark office, related to cutting-edge fitness and recovery device used by the world's most elite athletes.
- Lead counsel for global beauty product manufacturer in defense of claim for misappropriation of name and likeness brought by international supermodel, Gina Lapinta.
- Lead outside defense counsel in multimillion dollar claims for copyright infringement, trademark, trade dress and unfair competition brought by leading competitors in the on-line awards industry.
- Outside counsel to American subsidiary of important, well-known Japanese electronics company, on multiple intellectual property and contract matters.
- Provided aggressive defense to iconic American guitar manufacture on claims for misappropriation of trade secrets.
- Lead plaintiffs counsel in a series of sophisticated and noteworthy patent infringement lawsuits brought by a multi-billion-dollar recycling corporation.
- Served as lead counsel in a seminal case that invalidated as unconstitutional Section 511(a) of the United States Copyright Act.
- Provided defense (often based on the Digital Millennium Copyright Act) in multiple actions for copyright infringement asserted against Web content publisher as a result of photographs appearing on clients Internet sites.
- Successfully represented French client (as defendant and cross-claimant) in international trademark dispute arising out of competitor’s use of the mark, TVTrip.
- Provided victorious defense to $2M breach of contract and intellectual property dispute brought by manufacturer of cell phone technology; prevailed on $4M counterclaim for fraud and breach of contract.
- Prevailed as lead defense counsel in valuable patent infringement dispute brought against renowned Canadian clothing manufacturer.
- Defended Italian based, multi-national corporation in international software- copyright infringement dispute.
- Defended acclaimed, international fashion house in claims for copyright infringement asserted by fabric manufacturer.
- Defended American icon, Sears Roebuck in claims for copyright infringement asserted by U.S. fabric manufacturer based on alleged sales in Canada.
- Outside counsel to major, well-known, high-end, Texas-based retailer on copyright and celebrity right of publicity issues relating to company’s Internet and print publications.
- Obtained favorable settlement in complicated, multi-district patent infringement action brought by Sealy Mattress against client and other defendants.
- Provided lasting and decisive victory as defense counsel to major, New York-based catalogue retailer in multi-million dollar copyright dispute between mail order companies in Eastern District of New York.
- Successfully represented French client (as defendant and cross-claimant) in international trademark dispute.
- Defended Italian based, multi-national corporation in international software- copyright infringement dispute.
- Represented Sephora USA in suit brought by Sophia Loren and the estate of Marilyn Monroe in claim for misappropriation of name and likeness.
- Defended trademark infringement action involving the Oscar in claim brought by Academy of Motion Picture Arts and Sciences against world’s largest statuette manufacturer.
General Litigation Matters:
- Outside general counsel to international designer and manufacturer of high-end motorcycle aftermarket goods in all legal matters.
- Southern California counsel for CBS Outdoor, publicly traded, multi-national media conglomerate on issues related to outdoor advertising.
- Outside general counsel to India-based developer of oil refineries worldwide; successfully arbitrated international trade secrets dispute.
Primary Area(s) of Practice
- Entertainment, Media & Sports
- Intellectual Property & Technology
Awards & Honors
- Named a "Southern California Super Lawyer" by Los Angeles Magazine, 2007-2016
- IP Vanguard Award recipient, 2015
- “Zombie Licensing”: Beyond the Grave performances by Beloved, Deceased Musicians We Can’t Live Without”: featured presentation at the California State Bar's 41st Annual Intellectual Property Institute, November 2016
- "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
Southwestern University School of Law
Juris Doctor, 1995
University of California, Los Angeles
Master of Fine Arts, School of Motion Picture and Television, 1988
University of California, Berkeley
Bachelor of Arts in English, 1983
- Pink's Intellectual Property Blog, jonathanpinkesq.com, on-going
- "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
- "An Effort to Understand '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
- "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
- "Who Wants to Be an IP Attorney? ( A Trademark Primer)" California Lawyer, October 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