Seth A. Gold - Association of Corporate Counsel

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Seth A. Gold
Partner
Los Angeles
T 310.552.5079
F 310.552.5001
seth.gold@klgates.com
OVERVIEW
Seth Gold, a partner in the firm’s Los Angeles office, focuses his practice on intellectual property,
false advertising, 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, corporate fraud, self-dealing,
and breach of fiduciary duties applicable to officers and directors.
Mr. Gold’s litigation experience focuses on emerging technologies and new media, particularly
with respect to 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, the Communications Decency
Act, and the Telephone Consumer Protection 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.
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.
PROFESSIONAL/CIVIC ACTIVITIES
• American Bar Association
• Los Angeles County Bar Association
• Chair, Cornell Alumni Admissions Ambassador Network, West Los Angeles
ADMISSIONS
• California state courts
• New York state courts
Seth A. Gold (continued)
• U.S. Supreme Court
• Ninth Circuit Court of Appeals
• Second Circuit Court of Appeals
• U.S. District Court for the Northern, Eastern, Central, and Southern Districts of California
• U.S. District Court for the District of Arizona
EDUCATION
J.D., Boston University School of Law, 1992
A.B., Cornell University, 1989
REPRESENTATIVE WORK
Reported Opinions
• 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.
• Golden Trade, S.R.L. v. EV. R, Inc., 2007 WL 1125699 (E.D. Mo.). Defended patent
infringement action against garment designer, manufacturer, and distributor. Successfully
forced jurisdictional discovery.
• 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.
• 24 Hour Fitness USA, Inc. v. Annis, 2004 WL 2656877 (D.N.H.). Represented nationwide
health and fitness club in trademark infringement action. Successfully dismissed antitrust
counterclaims.
Seth A. Gold (continued)
Other Representative Cases
• 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.
• Autobytel, Inc. v. WebYes, LLC. Represented online advertising network in action relating
to Short Message Service (SMS) text messaging and the Telephone Consumer Protection
Act.
• 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.
• Betzhold v. Kill City, Inc. dba Lip Service, et al. Defended clothing manufacturer in action
by former employee who claimed right to be made partner and share in profits of company.
• 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.
• Nat’l Ass’n Of Professional Ins. Agents v. Assoc. Of Ins. Professionals And Agents
Resources, Inc. Defended former trade association affiliate in trademark and cyberpiracy
action based on alleged improper continued use of certain domain names after
disaffiliation.
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