MARK D. PASSIN
experience you can count on when it’s needed most
SELECTED PAST MATTERS
Represented Cher
Represented Cher in an action against a major record company.
Went Up Against Disney
Represented the creators and producers of a hit television series in a profit participation case against Disney.
Represented the Ray Charles Foundation
Represented the Ray Charles Foundation in an argument before the Ninth Circuit in which the Court of Appeals reversed the district court’s dismissal of the action for lack of jurisdiction, holding that the Foundation had standing to challenge copyright termination notices served by Ray Charles’ children.
Fought Capital Records
Represented the members of the group Poison in a royalty audit case against Capitol Records.
Represented Axl Rose
Represented Axl Rose before the Second Appellate District of California on appeal of a summary judgment motion granted against him.
Defended the members of the group Poison
Defended the members of the group Poison in a copyright infringement action.
Went up against Sanctuary Records
Represented 5.1 Label Group LLC in a fraud and breach of contract action brought against Sanctuary Records Group, Inc. and Sanctuary Group PLC.
Defeated behemoth CBS Records
CBS, Inc. v. Donald Thomas Scholz et. al.: Obtained judgment on behalf of Donald Thomas Scholz of the group “Boston” following a six week jury trial in the United States District Court for the Southern District of New York.
Defended a television company in a copyright infringement action
Defended a television company in a copyright infringement action brought against it by a major television network.
Obtained a summary judgment for $13.6 million
Obtained a summary judgment for $13.6 million for a motion picture producer against a bonding company in an action filed in the United States District Court for the Central District of California.
Obtained judgment for a motion picture producer in excess of $10 million
Obtained judgement against major motion picture studio in excess of $10 million following a six week jury trial of a breach of contract action in the United States District Court for the Central District of California.
Represented Clint Black
Represented Clint Black in an action against his personal manager.
Fought the Academy of Motion Pictures & Sciences
Defended heirs at jury trial in an action brought against them by the Academy of Motion Pictures & Sciences relating to the sale of Oscar statuettes.
Represented Lucy Lawless
Represented Lucy Lawless in a profit participation lawsuit regarding “Xena.”
Represented Meat Loaf
Represented Meat Loaf in a royalty audit case against Sony Music Entertainment, Inc.
Defended a music publishing company in court in the Middle District of Tennessee
Defended a music publishing company against various actions brought against it for fraud and securities violations in the United States District Court for the Middle District of Tennessee relating to its default on a multi-million dollar bridge loan.
Obtained civil harassment restraining orders
Obtained civil harassment restraining orders against stalkers on behalf of recording artists.
Represented Aisha Tyler
Represented Aisha Tyler in a Labor Commission proceeding; prevailed in talent agency dispute.
Represented Trista Rehn
Represented Trista Rehn in a Labor Commission proceeding; prevailed in talent agency dispute.
Represented Cher in a Labor commission proceeding
Represented Cher in a Labor commission proceeding; prevailed in talent agency dispute.
Obtained summary judgment on behalf of Pepsico & Omnicom Group
Earl S. Burroughs aka Jack Hammer v. Pepsico, Inc., BBDO Worldwide, Omnicom Group, Inc.: Obtained summary judgment on behalf of Pepsico, Inc., BBDO Worldwide, Inc. and Omnicom Group, Inc. in copyright infringement action.
Obtained summary judgment on behalf of Agency.com
Brett R. Spackman v. Agencycom Ltd., Miller Brewing Company, Skyworks Technologies, Inc., Starcom Media Vest Group and Young and Rubicam, Inc.: Obtained summary judgment on behalf of Agency.com Ltd. in copyright infringement action.
Represented an advertising agency and its client
Represented an advertising agency and its client in a breach of contract, right of publicity and Lanham Act case.
Defended an advertising agency in copyright infringement action
Represented an advertising agency in a copyright infringement action brought against it by an illustrator.
Represented Various Film Companies in Film Delivery Arbitrations
Defended film companies in various arbitrations governed by the Independent Film & Television Alliance.
Obtained a preliminary injunction
Obtained a preliminary injunction in the United States District Court for the Central District of California for a record production company against the sale and distribution of an extended play album.
Defeated Odyssey Film Partners
Defeated a motion for preliminary injunction filed in the United States District Court for the Central District of California by Odyssey Partners and Odyssey Television Partners Ltd. against Odyssey Film Partners Ltd. for violation of Section 43(a) of the Lanham Act and represented Odyssey Film Partners Ltd. in connection with the Ninth Circuit Court of Appeals affirming the decision.
PUBLISHED OPINIONS
- Wind Dancer Production Group v. Walt Disney Pictures, 10 Cal. App. 5th 56 (2017)
- Ray Charles Foundation v. Robinson, 795 F.3d 1109 (9th Cir. 2015)
- Paul Ahern v. Donald Thomas Scholz, 85 F.3d 774 (1st Cir. 1996)
- Engel v. CBS, Inc., 886 F. Supp. 728 (C.D. Cal. 1995)
- Engel v. CBS, Inc., 981 F.2d 1076 (9th Cir. 1992)
- Lamothe v. Atlantic Recording Corp., 847 F.2d 1403 (9th Cir. 1988)
- Motown Record Corp. v. Teena Marie Brockert et al., 160 Cal. App. 3d 124 (1984)