Related Services

Litigation

Intellectual Property and Technology
Federal Appeals

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

T 313.465.7594

F 313.465.7595

vCard

Detroit
2290 First National Building
660 Woodward Avenue
Detroit, Michigan 48226

Brian D. Wassom

Partner

Handles major litigation in federal and state courts for a diverse range of clients and various areas of law.
Particularly experienced in the following subjects:
- 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.
  - 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.
  - Successfully defended recording artist and label against claim of infringing copyrighted lyrics.
  - Defended builder accused of infringing copyrighted architectural works, and negotiated favorable settlement.
  - 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., 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).
  - Copyright disputes for film studios and advertisers involving use of music, artwork, and similar scripts; Digital Millennium Copyright Act.
  - Assisted nonprofit organization in lobbying Congress to amend Copyright Act.
- Trademark:
  - 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.
  - Won a Uniform Dispute Resolution Policy (UDRP) arbitration, allowing client to take control of an infringing domain name.
  - Various Opposition and Cancellation proceedings before the U.S. Patent & Trademark Office’s Trademark Trial and Appeal Board.
  - Assisted numerous clients in obtaining trademark and service mark registrations.
  - Have represented trademark owners who sell computers, sporting goods, IT services, adhesives, toy guns, auto parts, clothing, cell phones, 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.
  - Defeated claims filed by model against photographers over publication of photos.
  - Won summary judgment against claims brought by person depicting in documentary film.
  - Successfully defended publisher of concert DVD against claims filed by musician in the depicted band.
- Media & Entertainment Law:
  - Second chair in the defense of various entertainment and media personalities against defamation, invasion of privacy, and related claims.
  - Obtained access to public records for news media under federal and state Freedom of Information Acts.
  - Succeeded in overturning gag orders that forbid litigators from speaking to the media.
  - 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.
  - Obtained access to murder trial for television cameramen.
  - Defended reporter's First Amendment privilege to protect confidential sources.
  - Second chair in successful action to enforce radio personality's noncompete agreement.
  - Defended First Amendment right of association for private hobbyist society.
- Patent Litigation:
  - Patent enforcement campaign for Crazy Mountain Imports; secured several settlements.
  - Local counsel in multiple patent infringement lawsuits.
- General Civil Litigation. Representative cases include:
  - Real Estate. Obtained foreclosure of commercial real estate and $890,000 award of deficiency and fees. Second chair in successful challenge to tax forfeiture under Michigan Property Tax Act; zoning litigation; ownership dispute over major shopping mall.
  - Contract Disputes. Second chair in the defense of a high-technology manufacturer against breach-of-partnership contract claims valued at $300 million; participated in negotiating highly favorable settlement of all claims. Won summary disposition for plaintiff in breach of contract action against former advertising representative.
  - 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.
  - Insurance. First-chair defense of life insurance companies against fraudulent claims. Obtained dismissal of ERISA lawsuit seeking accidental death benefits for the beneficiary of a drunk driver. Representation of several insurers/annuity issuers with respect to transfers of structured settlements under new Michigan statute.
  - Employment. Successfully defended client against charges of age and gender discrimination, sexual harassment, and retaliation, leading to a finding of "no probable cause" by the Ohio Civil Rights Commission and the EEOC. Successfully defended employers in unemployment benefit hearings in Michigan and Indiana.
  - Emergency Injunctive Relief. Assisted numerous clients in seeking and obtaining temporary restraining orders and preliminary injunctions, as well as in defending against such requests.
  - Multi-District Litigation. Argued before the Judicial Panel on Multidistrict Litigation and defeated an attempt to consolidate case with other litigation.
- Pro Bono:
  - 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 Review Editor and member of Editorial Board for Landslide, published by the ABA Intellectual Property Section
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

Community Involvement

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
Macomb County Bar Foundation
- Board of Directors, 2010-Present
- Trustee, 2000-Present
RISE (Restoration in Southeast) Michigan, Co-Founder

Honors

Michigan Super Lawyers, Recognized as a Rising Star, 2009

Publications

Speeches and Conferences

"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 22, 2010)
"Social Networking: Seeking and Keeping a Job," Presentation to Cooley Law School, Lansing, Michigan (January 30, 2010)
"Social Media Strategies," Presentation at the Association Law Symposium held by the Michigan Society of Association Executives, Lansing, Michigan (November 18, 2009)
"Intellectual Property 101," Continuing Legal Education Seminar, Macomb County Bar Association, Mt. Clemens, Michigan (August 24, 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