Evan Gourvitz is of counsel in Morrison Foerster’s IP Litigation practice.

Evan brings more than 25 years of experience litigating and counseling clients on complex intellectual property and technology‑related disputes, informed by his background as both outside and in‑house counsel, as well as his prior experience in newspaper, magazine, book, and Internet publishing and web design.

His practice spans copyright, trademark and trade dress, unfair competition, trade secret, false advertising, right of publicity, and name/image/likeness (NIL) disputes. He also represents clients in federal and state courts and before the Trademark Trial and Appeal Board and the U.S. International Trade Commission.

Evan advises and counsels clients across a wide range of industries, including technology, publishing, entertainment, consumer products, private equity, financial services, healthcare, and life sciences. He has significant experience handling disputes and assessing risk involving digital platforms and emerging technologies, including social media, artificial intelligence (AI), online content enforcement, cybersecurity and impersonation issues, cryptocurrency, NFTs, and Web3.

Drawing on his experience serving as in-house counsel, Evan brings a practical, business-oriented perspective to intellectual property matters. He regularly counsels clients on the use of copyrighted works, trademarks and trade dress, personal names, and likenesses in digital and online environments, and managing legal and reputational risks.

A recognized thought leader on intellectual property and technology issues, Evan is a frequent writer and speaker, and has been quoted in publications including The New York Times, Bloomberg Law, Law360, and World IP Review. He has presented at leading industry and academic forums, including meetings of the International Trademark Association and the American Intellectual Property Law Association, as well as at academic institutions such as the MIT Sloan School of Business.

Evan received his B.A. from Rutgers University, his M.A. from New York University, and his J.D. from New York University School of Law.

Representative Experience

• Has regularly advised and represented leading private equity firms and their portfolio companies on and in connection with copyright, trademark, and social media disputes, transactions, and related matters.
• Has assisted Boston Children’s Hospital with takedowns and social media issues.
• Has advised and represented the Harvard Law Review Association in copyright and trademark disputes concerning The Bluebook: A Uniform System of Citation.
• TPG Inc. and Tarrant Capital IP, LLC v. Santa Barbara Tax Products Group, LLC. Brought action for trademark infringement and related claims against a third party using TPG marks in connection with financial services.
• Certain Furniture Products Finished with Decorative Wood Grain Paper and Components Thereof. Defended Walker Edison Furniture Company, LLC against a copyright infringement claim before the U.S. International Trade Commission concerning the wood grain pattern applied to its ready-to-assemble furniture. Successfully resolved via consent order at minimal cost to client.
• Pogi Beauty LLC v. UOMA Beauty Inc. Brought action for trademark infringement and related claims against a third party using variation of the client’s GO OFF mark in connection with makeup remover products.
• Healing on the Fly v. Project Healing Waters Fly Fishing. Successfully defended a charity providing rehabilitative services to wounded veterans against a former employee who opposed its attempt to register HEALING ON THE FLY for charitable fundraising services.
• RLP Ventures v. All Hands Instruction. Successfully moved to dismiss trademark infringement action and petition to cancel client’s registration with prejudice on the basis of issue preclusion and lack of subject matter jurisdiction.
• Michael Grecco Productions v. Netease Information Technology. Successfully moved to dismiss copyright infringement claim brought against client based on improper venue.
• Bureau National Interprofessionnel Du Cognac v. Prowood Wine & Spirits, Inc. Successfully represented our client in a federal district court case involving the sale of a third-party product, “Arman Cognac,” that was not genuine Cognac.
• Invista North America S.a. R.I. v. Hanwha Corporation. Successfully defended Hanwha in an opposition proceeding, permitting it to register its word-and-design mark for renewable energy services.
• Hogarth v. Edgar Rice Burroughs, Inc. Successfully defended the owner of all existing rights in the Tarzan character, in the trial court and on appeal, against claims that the copyrights in two Tarzan books were owned by the artist rather than Burroughs.
• Creative Arts by Calloway, LLC v. Brooks. Successfully defended Cab Calloway’s grandson, in the trial court and on appeal, against multiple attempts by his grandfather’s widow, her family, and their company to prevent him from performing his grandfather’s music as “The Cab Calloway Orchestra.”
• Overbeck Corp. v. Overbeck GmbH. After a full trial on trademark infringement and dilution claims, prevailed on motion to strike a jury verdict against German company, its parent, and its U.S. affiliate.
• Walker v. DC Comics. Successfully defended comics publisher from a claim that its comic “Superman: Last Son of Earth” infringed plaintiff’s purported rights in an unsolicited story idea submitted to DC.
• Sapon v. DC Comics. Successfully defended comics publisher from a claim that its “Batman Beyond” character design infringed plaintiff’s purported rights in an unsolicited design submitted to DC.
• Brooks v. Creative Arts by Calloway, LLC. Successfully opposed application to register the trademark CAB CALLOWAY based on prior common law use of the mark THE CAB CALLOWAY ORCHESTRA by Cab Calloway’s grandson.
• Lacoste Alligator, S.A. v. Maxoly, Inc. Successfully opposed application to register alligator design mark based on prior registrations for and rights in Lacoste alligator design marks.
• PepsiCo, Inc. v. “The Holy See.” In an administrative proceeding before the World Intellectual Property Organization, acquired various PEPSI-formative domain names from an anonymous squatter that claimed its use was for political speech.