Aaron Moss is the Chair of Greenberg Glusker’s Litigation Group.  He handles a variety of entertainment litigation, intellectual property and general commercial matters, focusing on protecting the rights of owners and users of creative works.

Mr. Moss specializes in litigating high-profile copyright infringement actions for both plaintiffs and defendants, including studios, independent distributors, production companies, video game publishers, technology firms and individuals.  He also counsels clients on all aspects of copyright law, including chain of title and clearance reviews, ownership transfers, license termination, copyright preemption, fair use, music sampling and internet piracy.  Mr. Moss has particularly extensive experience with the Copyright Act’s statutory termination provisions, and has litigated cases involving numerous entertainment properties when authors’ heirs have sought to recapture copyrights under these statutes. He has also served as both an expert witness and a media commentator on copyright related matters.

Mr. Moss has represented award-winning celebrities (and their estates) in right of publicity actions involving the unauthorized use of their names, voices and likenesses, as well as in defamation, invasion of privacy and other media-related disputes. He was a member of the trial team that litigated Dustin Hoffman’s landmark 1999 lawsuit against Los Angeles Magazine when it published a computer-generated image of the actor. 

Mr. Moss has also successfully prosecuted and defended idea submission and other “breach of implied contract” claims relating to motion pictures, television shows, books and toys.

In addition, Mr. Moss has handled matters involving trademark and trade dress infringement, internet and domain name disputes, unfair competition, and contractual disputes across a wide range of industries.

• Represents Costco Wholesale Corporation in the high-profile copyright case Costco v. Omega, defending Costco against claims that the retailer infringed Omega’s copyright by acquiring genuine watches imported from abroad without Omega’s consent and selling them for more than one-third less than Omega’s regular retail price; the case went to the United States Supreme Court in November 2010 on Costco’s “first sale” defense. Following the Court’s 4-4 deadlock, the case was remanded to a Los Angeles federal district court, where Mr. Moss obtained summary judgment for Costco on its “copyright misuse” defense
• Obtained a rare cover apology for actress Katie Holmes after bringing a defamation lawsuit against the publisher of Star Magazine
• Represents Classic Media, LLC in various litigation and transactional matters involving rights to “Frosty the Snowman,” “Rudolph the Red-Nosed Reindeer,” “Batman” and other properties
• Represents Marvel, owner of the copyrights in Spider-Man, Iron Man and numerous other iconic characters in various matters involving intellectual property disputes, profit participation rights and general litigation
• Represents the estate of Rod Serling, famed creator of The Twilight Zone, in various right of publicity and copyright matters
• Represented the Estate of J.R.R. Tolkien in connection with rights issues arising out of “The Hobbit” motion picture and other intellectual property matters
• Defended and advised owners of such entertainment properties as “Lassie,” “Casper the Friendly Ghost,” “Winnie the Pooh” and “Charlotte’s Web” in connection with attempts by authors’ heirs to recapture copyrights in these properties under the Copyright Act’s statutory termination provisions; in several cases, Mr. Moss has obtained summary judgment for his clients, establishing their continued right to own and exploit their copyrighted works
• Regularly represents Toho Co., Ltd., owner of intellectual property rights in “Godzilla,” in numerous matters involving copyright and trademark infringement and licensing disputes; among many others, these cases have involved the unauthorized use of the Godzilla character in motion pictures and television commercials, the “sampling” of Godzilla theme music in sound recordings, and the infringement of Toho’s characters in connection with various internet ventures; all of these cases were resolved with the defendants ceasing their infringing conduct
• Defended Health Communications, Inc., original publisher of the bestselling “Chicken Soup for the Soul” series in a trademark action brought by the books’ co-authors
• Represented Gameloft, S.A., one of the world’s largest publishers of mobile phone video games, in a copyright and trademark dispute brought by Activision in connection with the video game “Guitar Hero”
• Regularly represents Tom Cruise in media-related matters, including defamation, invasion of privacy and the right of publicity
• In a widely-publicized infringement action, part of the litigation team that successfully defeated a preliminary injunction motion seeking to prevent the release of DreamWorks’ motion picture Amistad
• Achieved favorable settlements on behalf of Tom Cruise and Nicole Kidman when their names and likenesses were used without permission by cosmetics company Sephora
• Represented Dustin Hoffman in a landmark right of publicity suit against a magazine that published an unauthorized computer-generated image of the actor
• Obtained a preliminary injunction for toy manufacturer Mattel, Inc. against a producer of dolls that infringed the “Barbie” and “American Girl” lines
• Obtained a preliminary injunction for a Fortune 500 company against a customer using the client’s copyrighted software beyond the scope of its license
• Regularly represents well-known sports photographer Neil Leifer in connection with copyright issues
• Successfully defended Brillstein-Grey Entertainment in a contractual dispute over alleged producing partnership
• Represented Tom Skerritt against the manufacturer of a dietary supplement that used a photograph of the actor in an unauthorized advertisement
• Represented R&B group Bloodstone when its members’ voices were used without permission in a beer commercial
• Represented Universal Pictures in a case brought by a photographer who claimed to own the copyright in key art for a major motion picture
  
  
   

• Co-Author, “Copyright Termination and Loan-Out Corporations: Reconciling Practice and Policy,” Harvard Journal of Sports and Entertainment Law, Forthcoming 2012
• Co-founder and regular contributor to ABA Journal award-winning entertainment blog “Law Law Land”
• Panelist, JAMS Virtual Roundtable: Copyright Dispute Resolution, January 2011
• Author, “Everything You Need to Know About ‘The Social Network’ and the Law,” The Hollywood Reporter, Esq., October 4, 2010
• Author, “Game On: Copyright and the Right of Publicity Battle for Supremacy in Romantics v. Activision,” The Licensing Journal, May 2008
• Author, “Implied Contract Claims: No Agreement, No Breach,” The Hollywood Reporter, Esq., September 12, 2006
• Co-Author, “The Enforcement of Implied Contracts after Grosso v. Miramax,” Los Angeles Lawyer, March 2006
• Author, “Grosso v. Miramax: Leveling the Intellectual Property Field?,” Written by, the Magazine of the Writers Guild of America, West, April 2005

• Speaker, “First Sale Fail: Supreme Court Deadlocks in Costco v. Omega – Now What?,” Los Angeles Copyright Society, 2011
• Speaker, “Hot Legal Issues in Entertainment Litigation for the Talent, Studio, Network and Label Litigator,” ABA Forum on the Entertainment and Sports Industries Annual Meeting, 2010
• Speaker, “Terminating Terminations: Defending Against Termination of Transfers after the ‘Winnie the Pooh’ Case,” UCLA Entertainment Symposium, 2008
• Speaker, “Legal Aspects of Pitch Meetings,” Women in Film Annual Conference, 2006
• Speaker, “What’s the Big Idea?: Creative Submissions After Grosso v. Miramax,” 2005
• Regularly speaks to talent agencies, entertainment transactional firms and other organizations on developments in entertainment litigation and intellectual property matters

• "Two Beauty and the Beast Pilots: Which One Gets to Keep the Title?" TV Guide, February 2, 2012
• “Supreme Court Rules Against Putting Foreign Works Back in Public Domain,” The Hollywood Reporter, January 18, 2012
• "Costco Prevails in First Sale Case Thanks to Copyright Misuse," IP Watchdog, November 15, 2011
• “Attys See Writing On Wall In Authors' Copyright Suits,” Law360, August 23, 2011
• “Viral Song Feud Shows Radio Royalties Rule Outdated,” Law360, August 16, 2011
• “Katie Holmes Settles Libel Suit on Drugs Claim,” Reuters, April 28, 2011
• “Star-Struck Jury Would Help Sheen,” Variety, March 18, 2011
• “Could Charlie Sheen's $100 Million Lawsuit Actually Go To Trial?,” The Hollywood Reporter, March 10, 2011
• “The Deck Appears Stacked Against Suits Over ‘The Social Network’,” Interview with The National Law Journal, October 11, 2010
• “Copyright Owners Upset Over Two Recent Court Rulings that Cap Statutory Damages,” Inside Counsel, October 1, 2010
• “Will Charlie Sheen Get Fired From His Show?,” E! Online, February 25, 2010
• “Sheen Contracts Could Mean Costly Exit,” The Hollywood Reporter, February 24, 2010
• “Think Godzilla's Scary? Meet His Lawyers," Wired, November 24, 2008
• “Hedge Fund Wives Author’s Sister Can’t Publish Manuscript,” Bloomberg, October 29, 2008
• “All’s Fair Again at Hogwarts: Judge Backs Rowling and WB, Blocks Unauthorized ‘Potter’ Compendium,” The Hollywood Reporter, September 9, 2008
• “J.K. Rowling Wins Copyright Suit,” The Hollywood Reporter, September 8, 2008
• Guest on “The Business,” NPR (nationally-syndicated show business radio program), September 1, 2008
• “Tip to Studios: Fire the Lawyers and Embrace the Web,” Wired, August 2008 
• “Questions Follow Mattel’s $100M Bratz Verdict,” Associated Press, August 27, 2008 
• “iPhone Software Developers Stifled Under Apple’s Gag Order,” Los Angeles Times, August 25, 2008
• “A Tangled Legal Web: Year’s Biggest Stories in Entertainment Law,” The Hollywood Reporter, Esq., July 24, 2007
• “Consumer Groups, Professors Support Remote DVR Services,” Los Angeles Daily Journal, June 20, 2007
• “‘Borat’ Dismissal Shows Anti-SLAPP’s Power,” The Hollywood Reporter, Esq., February 27, 2007
• “‘Stolen’ Ideas Big Business in Hollywood,” Associated Press, November 2006
• “Can Consent Forms Protect ‘Borat’ From Suits?,” MSNBC.com, November 2006
• “‘Borat’ Lawsuits May Be Futile Thanks to Waivers,” Associated Press, November 2006
• “Creator of Morpheus is Found Liable,” Los Angeles Times, September 28, 2006
• “Save a Cocktail Napkin, Win a Lawsuit,” The National Law Journal, July 31, 2006
• “XM Lawsuit Raises Time-Shifting Debate,” The Hollywood Reporter, Esq., June 6, 2006
• “Hollywood’s New Piracy Problem: Stolen Scripts,” CNBC TV/MSNBC.com, May 2006
• “Court Denies Request By Miramax to Rehear Ruling,” Los Angeles Times, March 16, 2005
• “Unauthorized Use of Photo Nets Millions,” Los Angeles Daily Journal, February 10, 2005
• “The Governator Sues Greeting Card Company,” Celebrity Justice (TV), January 2005
• “Ruling May Shift Power to Writers,” The New York Times, October 13, 2004
• “Ruling Could Benefit Spurned Screenwriters,” Los Angeles Daily Journal, September 10, 2004