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Seth A. Gold

Partner
+1.310.552.5079
Fax +1.310.552.5001

Seth Gold, a partner in the firm’s Los Angeles office, focuses his practice on intellectual property, false advertising, entertainment, and complex commercial litigation. Mr. Gold has experience in all phases of litigation, including pleadings, discovery, law and motion, trial, appeals, and complex settlements in state and federal courts.

Mr. Gold has prosecuted and defended lawsuits involving copyright, trademark, and trade dress infringement, as well as trade secret misappropriation, false advertising, and defamation. He also has prosecuted and defended lawsuits involving breach of contract, motion picture finance, corporate fraud, self-dealing, and breach of fiduciary duties applicable to officers and directors.

Mr. Gold’s litigation experience focuses on traditional intellectual property as well as emerging technologies and new media, particularly with respect to social media and the business models and software applications used for online advertising. His experience extends to litigating and advising clients on issues relating to technology, intellectual property, and online advertising in connection with internet continuity programs, due diligence, Federal Trade Commission inquiries, investigations, and litigation, keyword advertising, patents in the field of online advertising, the Digital Millennium Copyright Act, and the Communications Decency Act. He also has experience in First Amendment law, particularly with respect to evolving new media and whether the First Amendment should bar liability for violence allegedly motivated by the content of media.

As a result of his extensive intellectual property litigation experience, Mr. Gold also routinely advises clients with respect to intellectual property transactions and proactive protection of their intellectual property assets.

Mr. Gold has provided legal services for publicly traded companies, private companies, film studios, major record companies, and individuals.

Professional Background

Prior to joining K&L Gates, Mr. Gold practiced as a partner at another firm in California.

Achievements

Mr. Gold was selected for inclusion in the Southern California Super Lawyers by Los Angeles Magazine in 2015, 2016, and 2017.

Professional/Civic Activities

  • Los Angeles County Bar Association
  • Beverly Hills Bar Association

Speaking Engagements

  • Internet Marketing and Intellectual Property Management and Enforcement, co-panelist with Danielle Van Lier, ACC-SoCal Sports and Entertainment Conference, and with Christina Goodrich, ACC-SoCal Roundtable (June 2016)
  • Marketing and Advertising Injuries -- Are you Covered?, co-panelist with David Schack, Association for Corporate Counsel Southern California Chapter, In-House Counsel Conference (January 2014)
Reported Opinions
  • Louisiana Pacific Corporation v. James Hardie Building Products, Inc., 2012 U.S. Dist. LEXIS 162980 (N.D. Cal.). Defended world’s leading siding company in trademark infringement action based on keyword advertising practices. Obtained precedential ruling dismissing tortious interference claim.
  • Infostream Group Inc. v. Avid Life Media Inc. et al., 2013 WL 6018030 (C.D. Cal.). Represented famous dating site in trademark infringement action based on keyword advertising and metadata practices. Obtained dismissal with prejudice of entire action at pleading stage.
  • Avid Life Media, Inc. et al. v. Infostream Group, Inc., 2013 WL 6002167 (C.D. Cal.). Prosecuted breach of contract action on behalf of famous dating site. Obtained precedential ruling that California litigation privilege does not insulate defendant from breach of non-disparagement agreement arising out of statements made by defendant in litigation against third party.
  • Pahler v. Slayer et al., 29 Media L.Rep. 2627 (Cal. Superior 2001). Defended musical band in high-profile litigation alleging band’s music and lyrics incited murder of teenage girl; Court dismissed plaintiffs’ claims on the basis that First Amendment protected client’s expression.
  • Sony Pictures Entertainment, Inc. v. Fireworks Entertainment Group, Inc. et al., 156 F. Supp. 2d 1148 (C.D.Cal. 2001), vacated pursuant to settlement, 2002 WL 32387901 (C.D.Cal.)  Prosecuted action against producer and distributor of television series on the basis that series infringed client’s copyright in feature film “Mask of Zorro” and trademarks in Zorro character. 
  • Spacey v. Burgar et al., 207 F. Supp. 2d 1037 (C.D.Cal. 2002). Prosecuted trademark and cyberpiracy action against foreign internet website operator. Case involved personal jurisdiction over Canadian operator of website, application of the Commerce Clause to California statutes regulating conduct on the internet, and application of First Amendment to alleged celebrity fan websites.
  • Stell v. Jordan, 85 Fed. Appx. 641, 2004 WL 68700 (C.A.9 (Ariz.)). Represented authors and performer of Billboard’s 1995 Number One song in copyright infringement action. Successfully had case dismissed based on plaintiffs’ discovery abuses.
Other Representative Cases
  • Tri-Union Seafoods, LLC dba Chicken of the Sea v. Mr. Tuna, Inc. Obtained $9.8 million judgment in trademark infringement action on behalf of famous distributor of tuna fish.
  • Koss Corporation v. Max Sound Corporation. Obtained consent judgment including injunction in trademark infringement action on behalf of famous maker of headphones.
  • Trustees of the Coppola Family Trust et al. v. Torg Holding Company et al. Prosecuted trademark infringement action on behalf of famous winery.
  • 2KDirect, Inc. v. AzoogleAds US, Inc., et al. Represented online advertising network in lawsuit alleging trade dress infringement, breach of contract, and misappropriation of technology used for serving banner advertisements across the internet.
  • The Wisdom Companies, LLC v. Epic Media Group, Inc. Represented online advertising network in action alleging breach of contract and fraud arising out of the provision of lead generation services.
  • Nehemiah Progressive Housing Development Corporation v. Harris, et al. Represented tax-exempt corporation in action for breach of fiduciary duty, self-dealing, and related business torts against former chairman/executive director.
  • EGLO Leuchten GmbH v. Maxim Lighting International Inc., et al. Defended lighting manufacturer in action alleging business torts arising out of alleged distribution contract for foreign entity’s lighting products.
  • 24 Hour Fitness USA, Inc. v. 24/7 Tribeca Fitness, LLC, et al. Represented fitness center company in action alleging trademark infringement and cyberpiracy.
  • Nehemiah Corporation of California, Inc. v. Harris, et al. Represented tax-exempt corporation in action against former officer for allegedly misappropriating trade secrets relating to client’s web-based software application and associate database.
  • Jamba Juice Co. v. Jamba Group, Inc. Represented juice company in action for trademark infringement and cyberpiracy.