Robert N. Klieger
Partner

Rob Klieger is a founding partner of Kendall
Brill & Klieger LLP, where his practice
focuses on complex civil litigation and counseling in the areas of entertainment and intellectual property.

Mr. Klieger represents motion picture studios, broadcast and cable television networks, production companies, and video game publishers in federal and state court actions, appeals, and arbitration proceedings related to copyright, trademark and trade dress infringement, distribution and licensing agreements, rights of privacy and publicity, and a variety of other contract and business tort disputes. He also litigates on behalf of clients in a number of other industries, including apparel, aviation, and venture capital.

Mr. Klieger was selected as a winner of the 2014 Client Choice Awards, which recognize law firms and partners around the world that stand apart for the excellent client service they provide. Mr. Klieger was selected as the exclusive winner of the Media & Entertainment category for California, as well as the overall winner of the Media & Entertainment category for the United States.

Mr. Klieger’s publications include a leading article on trademark dilution, which has been cited by the U.S. Supreme Court and numerous federal courts of appeal, and “Best Practices for Effective Representation of Clients in Litigating (and Avoiding) Entertainment Disputes,” a chapter in Inside the Minds: Litigating Media and Entertainment Matters (Aspatore Books 2013). Mr. Klieger is also a frequent speaker on emerging issues in entertainment and intellectual property law.

Representative Matters

Media, Entertainment, and Intellectual Property

Trademark, Trade Dress, and Right of Publicity Disputes

Represented cable television networks and video game publisher in numerous trademark infringement and right of publicity actions in federal and state courts throughout the country.

Defended basic cable network in trademark and trade dress infringement action related to popular children’s television program.

Served as lead trial counsel in defending entertainment conglomerate against contributory and vicarious infringement claims arising from acts of foreign licensee.

Copyright and Idea Submission Disputes

Represented video game publisher in numerous copyright and idea submission disputes related to popular gaming titles.

Represented basic cable network in idea submission action related to popular television series.

Represented production company and broadcast network in copyright infringement and idea submission action related to Emmy®-winning reality television program.

Defended online content network in copyright infringement action related to alleged copying of source code.

Additional Entertainment Disputes

Represented motion picture studio in numerous contract and business tort actions related to complex domestic and international film financing transactions.

Defended video game publisher in high-profile dispute related to hiring of development team responsible for most successful gaming franchise of all time.

Represented motion picture studio in putative class action related to treatment of home video revenues for purposes of reporting and payment to profit participants.

Represented Oscar®-winning filmmaker in accounting and profit participation dispute related to one of the highest grossing films of all time.

Represented three motion picture studios in multibillion-dollar dispute related to licensing and distribution of pay television services in Australia.

Represented global entertainment content company and broadcast network at trial and appellate levels in action alleging breach of matching rights provision in multiplatform license and distribution agreement.

Commercial Litigation

Represented founder and franchisor of nation’s premier comedy club in franchise and licensing disputes, including obtaining certiorari in U.S. Supreme Court.

Represented apparel company in proceedings before the United States Patent and Trademark Office’s Trademark Trial and Appeal Board.

Defended aircraft manufacturer in a multimillion dollar dispute alleging improper termination of exclusive purchase agreement.

Represented venture capital company in arbitration and court proceedings related to alleged fraud in sale of regional energy company.

Represented maritime engineering company in novel copyright dispute related to alleged infringement of drilling rig design.

Counseling and Litigation Avoidance

Regularly advise motion picture studio, broadcast and cable television networks, and video game publisher in connection with wide variety of intellectual property, privacy, and contract issues.

Advised film production company in connection with production and distribution of reality web series.

Advise professionals in connection with non-solicitation and non-competition provisions in employment agreements.

Represented actress in negotiating separation from business manager.

Represented singer in connection with termination of recording and publishing contracts.

Pro Bono Litigation

Represented Natural Resources Defense Council in U.S. Supreme Court in action challenging failure by U.S. Navy to comply with environmental laws governing use of mid-frequency sonar.

Represented members of gay-straight student alliance in action to enjoin Orange Unified School District from engaging in discriminatory practices in violation of Equal Access Act.

Publications

Robert N. Klieger, “Best Practices for Effective Representation of Clients in Litigating (and Avoiding) Entertainment Disputes,” Inside the Minds: Litigating Media and Entertainment Matters (Aspatore Books 2013).

“Trademark Dilution: The Whittling Away of the Rational Basis for Trademark Protection,” 58 U. Pitt. L. Rev. 789 (1997).

Recognition

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2014 Client Choice Awards

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  • Media & Entertainment, California
  • Media & Entertainment, United States
The International Who’s Who of Sports
& Entertainment Lawyers, 2013
Daily Journal, “Top 20 Under 40,” 2010
Southern California “Super Lawyers,”
2004–2014

Bar and Court Admissions

California, 1997
U.S. District Courts
  • Central, Eastern, Northern and Southern Districts of California
  • District of Colorado
  • Northern District of Illinois
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Supreme Court
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