Gloria Franke Shaw

Representative Experience

• Represented Seth MacFarlane, Media Rights Capital and Universal Studios in high-profile copyright case. Plaintiff, Bengal Mangle Productions, alleged in suit filed in US District Court for the Central District of California in July 2014 that anthropomorphic teddy bear from the movie Ted was "strikingly similar" to its character, Charlie, a teddy bear from plaintiff's Web series. We obtained stipulation for dismissal of the suit, which cannot be refiled.
• Represented certain defendants against claims of breach of implied contract and confidence relating to a TV series. We prevailed on a motion for summary judgment as to several defendants. The California Court of Appeal issued a rare Writ of Mandate ordering the trial court to grant judgment for the remaining defendant. The court issued a published opinion addressing a novel issue of the statute of limitations for idea theft claims in California.
• Defended 10 defendants (including production and distribution companies, producers and screen writer) against claims of copyright infringement and breach of implied contact regarding a horror film. Prevailed on motion for judgment on pleadings arguing that the plaintiff's screenplay and defendants' film were not "substantially similar" as a matter of law. District court's ruling was affirmed by US Court of Appeals for the Ninth Circuit.
• Represented certain defendants in action alleging copyright infringement, breach of implied contract and breach of confidence regarding a TV series. The US Court of Appeals for the Ninth Circuit sitting en banc addressed the scope of federal copyright preemption of state law contract claims.
• Represented sports agency and certain individual agents for a NBA player in ruling dismissing various commercial tort claims brought by the player's former agent against our clients. The New York Supreme Court found that plaintiff failed to state any cognizable state claims, and dismissed the action with prejudice and without leave to replead.
• Defended film producers, director and writers of a film against defamation and false light claims brought by Native American tribe for allegedly portraying them in a negative manner in the film. The US District Court for the District of New Jersey granted our motion to dismiss, finding that the film is fictional, does not portray specific individuals and does not support a legal claim.
• Represented defendants in trademark infringement action relating to use of a particular phrase in the title of a TV series.
• Represent defendant in action alleging breach of contract, fiduciary duty and accounting by an actor over contingent participation from a long-running TV series.