Costco-Omega IP Battle, Frosty the Snowman, Godzilla Among Moss’ Notable Matters
Proving the third time is even more charming, Greenberg Glusker is proud to announce that Partner Aaron J. Moss has been named by the Daily Journal as one of the “Top 75 Intellectual Property Litigators in California” for the third time. Moss heads the Firm’s Litigation Group and focuses on entertainment industry IP matters, protecting the rights of owners and users of motion pictures, books, fictional characters and other creative content.
Moss, along with Greenberg Glusker partner Norman Levine, obtained summary judgment in 2011 on behalf of Costco Wholesale Corporation in a copyright infringement case brought by watchmaker Omega.
In a case of first impression, Moss successfully argued that Omega’s use of a tiny engraving for the purpose of preventing its watches from being imported into the United States constituted copyright misuse. As part of his eight-year representation of Costco on the matter, this decision follows a trip to the U.S. Supreme Court on Costco’s “first sale doctrine” defense, another issue of first impression.
“When we returned to district court on the Costco case, we were forced to go back to the drawing board, and I’m proud that we were able to prevail,” said Moss. “This recent honor from the legal community extends the victory, and I truly appreciate the recognition.”
Recently, Moss examined practical implications of the Copyright Act’s statutory termination provisions in an article, co-authored with Firm attorney Ken Basin, entitled “Copyright Termination and Loan-Out Corporations: Reconciling Practice and Policy.” Published in the Journal of Sports & Entertainment Law (Vol. 3) of Harvard Law School, of which Moss and Basin are alumni, the article considers how the use of loan-out companies (a commonly used tool of artists/writers and their lawyers for tax and other benefits) could lead to artists being unwittingly deprived of their copyright termination rights.
In its profile of Moss, the Daily Journal noted his long-standing representation of Toho Co., owner of the IP rights in “Godzilla,” and recent litigation involving “GreenZilla” energy drink. Moss has also recently handled matters involving “Frosty the Snowman”and “Batman.” Additional clients include Marvel Entertainment, Classic Media, LLC, and the Estate of Rod Serling. His work on cutting edge copyright, trademark and right of publicity matters extends to multinational retailers, technology companies, and celebrities, such as actors Tom Cruise and Katie Holmes in media-related legal matters.
Moss earned his bachelor’s degree, summa cum laude, from University of California, Los Angeles. In addition to chairing the litigation department, Moss sits on the Firm’s Strategic Planning Committee, and has been included on the “Southern California Super Lawyers Rising Stars” list of distinguished attorneys since 2004.