| MITCHELL ZIMMERMAN |
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Copyright |
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Trademark |
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Trade Dress |
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Intellectual Property Counseling |
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High Technology Litigation |
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| Profile |
Mr. Zimmerman's practice focuses on counseling, risk management, litigation and conflict resolution involving intellectual property, copyrights and trademarks in computer software, Internet-based works and traditional forms of authorship. Mr. Zimmerman is a Neutral of the American Arbitration Association (Large Case Technology, Science & Intellectual Property Roster). In 2009, he received California Lawyer magazine's Attorney of the Year (CLAY) award.
Mr. Zimmerman has served as counsel in numerous copyright, trademark and patent cases, including: Research in Motion v. Good Technology (copyright in user interface of handheld communicators); Paramount v. ReplayTV (copyright fair use in digital video recorders); Lotus v. Borland (Lotus 1-2-3 user interface copyrights); Brown Bag Software v. Symantec (copyrights and trade dress in user interfaces); Candle Corp. vs. Boole & Babbage (early computer software patent).
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| Education |
Stanford Law School, J.D., Order of the Coif; 1979 Princeton University, M.A., in political science, 1965 The City College of New York, B.A., 1963
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| Admitted to Practice |
Member of the State Bar of California and member of the bar of the United States Supreme Court, the Courts of Appeals for the Seventh and Ninth Circuits, the District Courts of the Northern, Central and Eastern Districts of California. |
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| Additional Information |
Mr. Zimmerman teaches Copyright Law at Santa Clara University Law School and is a frequent speaker at seminars and conferences on copyright, trademark and Internet issues, including: Berkeley Law/Santa Clara Law, Copyright @ 300: Looking Back at Statute of Anne, Looking Forward to Future Challenges (Apr. 2010); Stanford Law School (Law, Science & Technology Colloquium), Advising Clients in Contexts of Legal Uncertainty (Apr. 2008); PLI: Understanding Basic Copyright Law 2007, Notable New Cases in Copyright Litigation 2006-2007 (September 2007); San Francisco Intellectual Property Law Association, Video Hosting & Display Websites: The IP Issues (Apr. 2007); Copyright Society of New York, Brave New Space-Shifted World (Feb. 2007).
Mr. Zimmerman is a prolific writer on intellectual property, technology protection, and alternative dispute resolution including: "Does Selling and Playing Ringtones Violate Composers’ Public Performance Rights?," The Computer Lawyer (cover article, January 2010); "Cartoon Network v. Cablevision—Buffer Reproductions Are Not Infringing Copies, Holds Second Circuit in 'Remote' DVR Case," Cyberspace Lawyer (Sept. 2008); "District Court Holds Software Transfer Not a License, Okays Downstream eBay Auction Under First Sale Doctrine," IP Bulletin (Summer 2008) (most popular Mondaq article in US, May 2008); "Third Strike for Perfect 10?" Cyberspace Lawyer (September 2007); "Structured Informality versus 'Litigation Lite': How to Keep Arbitrations from Becoming Major Lawsuits while Reaping the Benefits of ADR," Alternative Dispute Resolution Client Strategies (chapter) (Aspatore Press 2007); "AHRA Does Not Protect Device Distributor Against Copyright Claims Arising From Broadcaster Role," Oxford University Journal of I.P. Law & Practice (June 2007); "Copyright/DMCA Developments" The IP Litigator (cover article, Nov.-Dec. 2006); "Just Say ... Maybe (Arbitration Finality)," The Recorder (Litigation Supplement, Autumn 2006); "Beware the Dangers of Arbitrators Morphing Into Mediators" World Arbitration & Mediation Report (Oct. 2006); "Circuit Court Decisions Weaken, Strengthen Hand of Software Owners Using Technological Protection Measures" New Matter (cover article, Winter 2006); "Copyright Law for Non-Experts" California Bar Journal Self-Study Article (Feb. 2006); "Typosquatting and the Duty to Police Infringing Trademarks," The Intellectual Property Strategist (cover article, June 2005).
In 2009, Mr. Zimmerman was recognized as a California Lawyer Attorney of the Year for his pro bono work on the Duncan death penalty case. In addition to his 2009 California Lawyer Attorney of the Year award, Mr. Zimmerman has also been selected as a Northern California Super Lawyer for several years, including 2010, and is listed in The Best Lawyers in America for 2007 and 2008. Mr. Zimmerman serves as a Trustee of the Computer History Museum.
Representative Engagements |
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| Representative Clients |
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Apple Inc. |
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Barclays Global Investors |
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Cisco Systems, Inc. |
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Morgan Stanley & Co. |
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Next New Networks |
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SONICblue Inc. |
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Sun Microsystems, Inc. |
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VeriSign, Inc. |
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