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Craig B. Whitney

Of Counsel
New York, (212) 336-4122
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Craig Whitney is Of Counsel in the litigation department of Morrison & Foerster's New York office. Mr. Whitney's practice involves a broad range of complex commercial litigation matters, focusing primarily on intellectual property disputes. He has handled copyright, trademark and patent infringement disputes for a diverse group of clients, protecting valuable intellectual property rights from would-be infringers and defending clients against wrongful accusations of infringement. In addition, he has represented various companies in the media, technology, publishing, apparel, pharmaceutical and communications sectors in intellectual property-related matters, contract disputes and class action litigation. Mr. Whitney also advises clients on recent developments in intellectual property law.

Mr. Whitney maintains an active pro bono practice. Working with the Community Development Project of the Urban Justice Center, he obtained a significant recovery from a sushi restaurant in Manhattan on behalf of sixteen Chinese immigrant delivery workers who were being paid well below the minimum wage.

Mr. Whitney received his J.D., cum laude, from Harvard Law School, where he was the Developments Editor of the Harvard Journal of Law and Technology and the recipient of the Reginald F. Lewis Fellowship for international law. Prior to joining Morrison & Foerster, Mr. Whitney was an associate at the Los Angeles office of Irell & Manella LLP.

Edward L. White P.C. v. West Publishing Corp. and Reed Elsevier Inc.
(Southern District of New York). Represented LexisNexis, a division of Reed Elsevier Inc., in a putative class action involving copyright infringement claims by attorneys who authored legal briefs filed in court that were available on the lexis.com online database. On a motion to dismiss, we successfully defeated claims of the proposed subclass of authors who had not registered their briefs with the Copyright Office, and the plaintiff subsequently dropped the class allegations. We later succeeded on a motion for summary judgment on the remaining individual claims by proving that LexisNexis’s use of the works at issue constituted fair use.
Henley et al. v. DeVore et al.
(Central District of California). Achieved a landmark ruling clarifying copyright fair use and parody. Musicians Don Henley, Mike Campbell and Danny Korchmar brought a copyright infringement action against California politician Chuck DeVore regarding his use of the plaintiffs’ well-known songs in Internet campaign advertisements. The Court granted our summary judgment motion and ruled that DeVore’s use of our clients’ copyrighted material did not satisfy the test for fair use and parody, and thus DeVore’s copying of our clients’ works for his own political gain was infringement. The Court's opinion can be found at 733 F. Supp. 2d 1144 (C.D. Cal. 2010).
Carol’s Daughter Holdings, Inc. v. Carol’s Express LLC et al.
(Southern District of New York). Achieved a favorable ruling on a motion for preliminary injunction requiring defendants to cease distribution of “knock-off” products that infringed a high-end beauty products manufacturer’s trademarks and trade dress. Ultimately obtained a consent decree requiring defendants to change their company name and cease future infringing activities.
Grimsby Holdings, LLC v. The Common Application, Inc.
Eastern District of New York). On behalf The Common Application, a college application service, won a motion to dismiss a declaratory judgment action brought by a rival website seeking cancellation of The Common Application’s trademark and trademark application.
Project Honey Pot et al. v. Chernuk et al.
(Eastern District of Virginia; Fourth Circuit Court of Appeals). Won a motion to dismiss all claims by a proposed class against AS DNB banka, a Latvian acquiring bank, for alleged violations of the Federal False Marking Act, RICO and the CAN-SPAM act, as well as common law conspiracy and other claims. The Court found that DNB had insufficient contacts with the forum state and therefore the Court lacked personal jurisdiction. Successfully argued to affirm the District Court’s judgment on appeal. The Fourth Circuit Court of Appeals opinion can be found at --- F.3d ---, 2013 U.S. App. LEXIS 9070 (4th Cir. 2013). The District Court’s opinion can be found at 2012 U.S. Dist. LEXIS 70659 (E.D. Va. 2012).
The Echo Design Group, Inc. v. Big Lots, Inc.
(Southern District of New York). Represented The Echo Design Group, a designer apparel and home goods company in trademark infringement action against a discount retailer, resulting in a successful settlement of the claims.
IFS Management GmbH v. International Food Security Certification Corporation
(Southern District of New York). Successfully resolved the trademark infringement claims on behalf of IFS Management against a rival food safety certification company.
Interscope Records et al. v. Sadate, Ltd. et al.
(Central District of California). Represented plaintiff record companies in copyright infringement suit regarding unauthorized use of sound recordings in defendants’ compilation CD and DVD.
Glud & Marstrand A/S v. Viva Magnetics Ltd. et al.
(Western District of Washington). Represent plaintiff in patent infringement lawsuit involving metal storage containers for media.
Intergraph Hardware Technologies Company v. Dell Computer Corp., Hewlett-Packard Co., and Gateway, Inc.
(Eastern District of Texas). Represented defendant Hewlett-Packard in patent infringement lawsuit involving cache-memory management.
IpVenture, Inc. v. ProStar Computer, Inc. and Midern Computer, Inc.
(Central District of California). Represented plaintiff in patent infringement lawsuit against laptop computer manufacturers involving thermal and power management for laptop computers.
In the Matter of Certain Hand-Held Mobile Computing Devices, Components Thereof and Cradles Therefor
(International Trade Commission). Represented complainant Intermec Technologies Corporation in patent infringement lawsuit before the ITC involving hand-held mobile computing devices.