• Detroit
  • Lansing
  • Oakland County
  • Ann Arbor

Related Services

Education

  • Case Western Reserve University School of Law, J.D.
    Honors: magna cum laude; Order of the Coif; Diane Ethics Award, 1999; Judge John R. Brown Excellence in Legal Writing Award, 1999; Outstanding Student Note Award, 1998

    Phi Delta Phi; Case Western Reserve University Law Review, Executive Contributing Editor, 1998-1999; Associate, 1997-1998
  • Wayne State University, B.A.
    Political Science and International Studies
    Honors: Dean's List
    Fraternities: Delta Sigma Rho-Tau Kappa Alpha

Admitted

Michigan

U.S. Supreme Court

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Western District of Michigan

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Indiana

U.S. District Court for the Southern District of Indiana

U.S. District Court for the Eastern District of Wisconsin

U.S. District Court for the Central District of Illinois

U.S. District Court for the Central District of California (pro hac vice)

U.S. District Court for the District of Columbia (pro hac vice)

U.S. District Court for the District of Utah (pro hac vice)

U.S. District Court for the Middle District of Florida (pro hac vice)

U.S. District Court for the Middle District of North Carolina (pro hac vice)

U.S. District Court for the Middle District of Tennessee (pro hac vice)

U.S. District Court for the Northern District of Ohio (pro hac vice)

U.S. District Court for the Southern District of Florida (pro hac vice)

U.S. District Court for the Southern District of New York (pro hac vice)

U.S. District Court for the Western District of New York (pro hac vice)

T 248.566.8490
F 248.566.8491
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Oakland County
39400 Woodward Avenue
Suite 101
Bloomfield Hills, Michigan 48304-5151

Brian D. Wassom

Social, Mobile and Emerging Media Practice Group Chair
Partner

  • Practice focuses on intellectual property and First Amendment litigation.
  • Extensive experience in the areas of copyright, trademark, publicity rights, entertainment and other related IP litigation.
  • Assists media companies and journalists in exercising freedom of the press, obtaining access to information, and defending claims of defamation, invasion of privacy and eavesdropping.
  • Advises religious organizations on a variety of issues.
  • Authors blog addressing social and emerging media that includes a segment, "Augmented Legality," analyzing the legal principles related to "augmented reality" technologies.
  • Representative Experience
    • Copyright: 
      • Defeated a claim of copyright in digital images used in advertising, on the grounds that the images were not original. This unanimous decision by the U.S. Court of Appeals broke new ground by extending established copyright principles to cutting-edge media.  Crain's Detroit Business named Mr. Wassom's victory in the trial court as one of the "Top Verdicts and Settlements" of 2006, and The Colorado Lawyer magazine listed the appellate decision as among the "Top Intellectual Property Cases of 2008."
      • Served as copyright counsel for software company in successful defense against infringement action alleging copying of computer code. Integrated Bar Coding Sys., Co. v. Wemert, 2007 U.S. Dist. LEXIS 9952 (E.D. Mich. Feb. 12, 2007). 
      • Obtained favorable judgment against competitor that copied client's 3-D digital medical animations, see Swarm Interactive, Inc. v. Seaside Data Systems, Inc., No. 1:08-cv-880 (M.D.N.C. May 13, 2009), and used DMCA take-down procedures to remove infringing animations from a third-party website. Favorably settled a separate case involving use of client's written materials on competitor's website.
      • Successful representation in dozens of lawsuits filed on behalf of the American Society of Composers, Authors, and Publishers and its members against commercial establishments for infringing performances of ASCAP members' copyrighted musical works. See, e.g., Gnat Booty Music v. Creative Catering of Wadhams, LLC, 2011 Copyright L. Dec. (CCH) ¶ 30,028 (summary judgment and attorneys' fees); LGL Music v Blue Line, Inc., No. 05-70326, 2005 U.S. Dist. LEXIS 38938 (E.D. Mich 2005) (won $70,000 judgment against the Flint Generals hockey team). 
      • Various additional copyright disputes, including for film studios and advertisers involving use of music, artwork, and similarities between song lyrics and movie scripts; takedowns of infringing content under the Digital Millennium Copyright Act; and architectural copyrights over building designs. 
    • Trademark: 
      • Obtained $200,000 judgment and permanent injunction against coffee shop using infringing SEATTLE'S BEST COFFEE marks and logos without permission. Seattle's Best Coffee LLC v. Seattles Corp., No. 10-7463-RGK (C.D. Cal. January 5, 2011).
      • Obtained summary judgment on liability for service mark infringement, unfair competition. and cybersquatting, as well as a permanent injunction, an accounting, and other relief for the plaintiff in Children’s Legal Services PLLC v. Kresch, 545 F.Supp.2d 653 (E.D. Mich. 2008), affirmed, (6th Cir. June 18, 2009). The combined result was to put an end to a nationwide advertising campaign for legal services that infringed on the plaintiff’s family of marks. 
      • Won $150,000 judgment (affirmed on appeal) against retailer displaying infringing trademarks.
      • Handled litigation in federal and state courts, the Trademark Trial and Appeal Board, and/or UDRP arbitrations for trademark owners who sell computers, sporting goods, IT services, adhesives, toy guns, auto parts, clothing, cell phones, luxury automobiles, religious programming, financing services, phone books, and daycare services, among others.
    • Right of Publicity: 
      • Part of a team that defeated claims involving the Guitar Hero video game. Romantics v. Activision, 532 F. Supp.2d 884 (E.D. Mich. 2008) (defeating preliminary injunction motion); 574 F. Supp.2d 758 (E.D. Mich. 2008) (summary judgment). In a separate case, won summary judgment against claims involving use of a plaintiff's image in a video game.
      • Successfully litigated publicity rights claims in federal and state courts involving photographs of a model, scenes in documentary films, and performances in concert DVDs.
    • Social Media:
      • Presented on the topics of social media legal issues to clients, trade associations, attorneys, students, and others.  
      • Experienced in using social media as evidence in trademark, copyright, and other civil litigation.
      • Assisted several clients with drafting social media policies.
    • Media & Entertainment Law: 
      • Second chair in ten-year litigation that resolved in favor of the "Up in Smoke" Tour. Defendants had been accused of eavesdropping for recording their encounter with police and publishing it as a bonus track on the concert DVD. Bowens v. ARY (Mich., Mar. 18, 2011)
      • Second chair and brief writer for lead plaintiff in case that recognized a constitutional right of public access to quasi-judicial administrative proceedings, including deportation hearings of suspected terrorists. 
      • Extensive experience litigating theft of satellite TV signal, including the forensic examination of hard drives, subpoena and search of online transaction records, and investigation of email and website use; multiple suits over botched installations of commercial hardware and software. 
      • Over ten years of experience representing newspapers, television news stations, and other media outlets in media law issues, including defending against defamation, invasion of privacy, and related claims; access to closed courts and records; challenging denials of Freedom of Information Act claims; undoing gag orders; and defending reporters' privilege to keep sources confidential.
    • Religious Organizations:
      • Represented congregations and denominational organizations of various faiths in disputes concerning ownership of houses of worship and disaffiliation of churches from denominations.
      • Aided Native American tribe in opposing destruction of religiously significant location.
      • Ongoing counsel to multiple religious organizations on various issues.
    • General Civil Litigation:  
      • Defending a high-technology manufacturer against breach-of-partnership contract claims valued at $300 million.
      • Obtaining foreclosure of commercial real estate and $890,000 award of deficiency and fees.
      • Successful challenge to tax forfeiture under Michigan Property Tax Act.
      • Seeking emergency injunctive relief against automotive suppliers who threaten to disrupt supply chains.
      • Appeal of a multi-million dollar judgment under CERCLA for environmental contamination.
      • Defending a vehicle manufacturer against product liability claims stemming from a fatal accident.
    • Pro Bono: 
      • Represented a victim of torture in seeking asylum in the United States.
      • Co-founder, director, and officer of short-term advice clinic serving inner-city Detroit. 
      • Negotiated landlord/tenant disputes for Habitat for Humanity. 
      • Pursued contractor that breached contract with a church. 
      • Performed intake work for Legal Aid and Defender Association. 
      • Obtained remand in appeal of driver’s license revocation.

Professional Involvement

  • American Bar Association, 1996-Present
    • Trademark and Copyright Review Editor and member of Editorial Board for Landslide, published by the ABA Intellectual Property Section
    • Copyright Litigation Committee, Hot Topics Subcommittee
  • Christian Legal Society, 1996-Present
    • Chapter President, 1996-1998
  • Macomb County Bar Association
    • Civil Practice Committee Member
  • Federal Bar Association, 2005-Present
  • Michigan Intellectual Property Law Association
  • Media Law Resource Center
  • International Trademark Association (INTA)

Community Involvement

  • Macomb County Bar Foundation
    • Board of Directors, 2010-2011
    • Trustee, 2000-Present
  • Peer reviewer of copyright-related articles for Jurimetrics: The Journal of Law, Science, and Technology, published by Sandra Day O'Connor College of Law, Arizona State University
  • Frequent guest speaker in local high schools and universities
  • Christian Legal Aid of Southeast Michigan, Director and Officer, 2001-2005
  • RISE (Restoration in Southeast) Michigan, Co-Founder

Honors

  • The Best Lawyers in America, 2011 and 2012
    • Recognized for Intellectual Property Litigation
  • Michigan Super Lawyers, Recognized as a Rising Star, 2009 and 2011

Publications

Speeches and Conferences

  • "Legal Risks in Social & Emerging Media," Pulliam Center for Contemporary Media, DePauw University, Greencastle, IN (April 2012)
  • "Augmented Legality: How Today’s Emerging Technologies Will Shape Your Career Tomorrow," Media, Entertainment, Technology, Arts (META) Law Society, Michigan State University, Lansing, MI (April 2012)
  • "Using Social Media in Litigation" Institute for Continuing Legal Education “Top Tips” video shorts, Ann Arbor, MI (March 2012)
  • "Blogging to Market Your Practice" Institute for Continuing Legal Education “Top Tips” video shorts, Ann Arbor, MI (March 2012)
  • "Augmented Reality: Is Innovation Blurring the Line Between Media and the ‘Real’ World?" 2012 MBA Media and Entertainment Conference, NYU Kimmel Center, NY (February 2012), panelist
  • "Augmented Reality & Social Change," Modern Global Revolution Symposium, Michigan State University College of Law International Law Journal (February 2012), panelist
  • "The Social Media Revolution: Implications for Health Care Providers" Michigan Health & Hospital Association Webinar (February 2012), co-presenter
  • "SOPA, PIPA, and Predictions for Social Media Law in 2012," The Emily Rooney Show, WGBH Radio, Boston, MA (January 2012)
  • "The Right of Publicity: Why the Red-Headed Stepchild of the IP World Deserves a Second Look," Michigan Intellectual Property Lawyers Association, Bloomfield Township, MI (January 2012)
  • "It Has Begun: Augmented Reality & Litigation," Augmented Reality New York (ARNY) Meetup, NYC (December 2011)
  • "The First Amendment and Public High Schools," Warren Consolidated School District and the Macomb County Bar Foundation, Warren, MI (November 2011)
  • "Leadership and Presentation Skills in a Networked World," Department of Radiation Oncology, Wayne State University, Detroit, MI (October 2011), classroom guest lecture
  • "Top Ten Risks to Your Clients in Social Media," Women’s Bar Association, Oakland County Chapter, Bloomfield Hills, MI (October 2011)
  • "Augmented Reality & the Law," Mobile AR for Smartphones & Tablets Conference, CTIA, San Diego, CA (October 2011)
  • "Beyond the Basics: Integrated Social Media Marketing for Law Firms," 2011 Social Media Forum, New York, NY (September 2011), panelist
  • "The First Amendment," Macomb County Bar Foundation for Constitution Day, Lake Shore High School, St. Clair Shores, MI (September 2011)
  • "Social Media: A Legal Overview," Interlaw Americas Conference, Hartford, CT (June 2011), presenter
  • "Due Process: Social Media first aired on February 25, 2011," featured guest of Channel 56's Due Process (Available for viewing here: http://dueprocess.tv/show_archive.htm)
  • "Social Media for Lawyers: How to Advise Your Clients, Enhance Your Practice, and Build Your Reputation," Continuing Legal Education Seminar, Macomb County Bar Association, Mt. Clemens, Michigan (December 2010)
  • "Right of Publicity: Why the Red-Headed Stepchild of the IP World Deserves a Second Look," 2010 State Bar of Michigan Intellectual Property Law Section Spring Seminar, East Lansing, Michigan (March 2010)
  • "Social Networking: Seeking and Keeping a Job," Presentation to Cooley Law School, Lansing, Michigan (January 2010)
  • "Social Media Strategies," Presentation at the Association Law Symposium held by the Michigan Society of Association Executives, Lansing, Michigan (November 2009)
  • "Intellectual Property 101," Continuing Legal Education Seminar, Macomb County Bar Association, Mt. Clemens, Michigan (August 2009), co-presenter
  • Frequent guest speaker in local high schools and universities

Clerk Experience

  • U.S. Court of Appeals for the Sixth Circuit, Hon. Alice M. Batchelder, Law Clerk, 1999-2000
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