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Simon Frankel
Simon J. Frankel
San Francisco +1 415 591 7052 Download V-card

Simon Frankel focuses his practice on copyright and trademark litigation, Internet privacy and technology disputes, consumer class actions, and legal issues related to visual art. He is chair of Covington’s Intellectual Property Rights practice group and a member of the firm’s Management Committee. He has been consistently recognized as a leading intellectual property lawyer by several publications, including Best Lawyers and Benchmark Litigation.

  • On behalf of numerous Internet service providers, obtained dismissals of putative class actions asserting privacy claims under Computer Fraud and Abuse Act, Electronic Communications Privacy Act, and Video Privacy Protection Act.
  • Represented Microsoft in defeating copyright infringement claims concerning Bing search engine.
  • Represented Samsung in defeating right of publicity action brought by Olympic athletes.
  • On behalf of the Museum of Fine Arts, Boston, defeated claims by parties seeking to attach Persian antiquities in efforts to enforce a judgment against Iran, Rubin v. Museum of Fine Arts, Boston (1st Cir. 2013), and claim to Austrian expressionist painting, Museum of Fine Arts, Boston v. Seger-Thomschitz (1st Cir. 2010).
  • Represented Samsung in defending copyright and trademark claims concerning printer software.
  • Obtained dismissal with prejudice at pleading stage of two cases against pharmaceutical companies alleging false advertising, unfair competition, and fraud claims. Jarrett v. InterMune (9th Cir. 2011); Ostergard v. Adams Respiratory Therapeutics, Inc. (C.D. Cal. 2008).
  • Represented plaintiff on successful rehearing in Toney v. L'Oreal USA, Inc., 406 F.3d 905 (7th Cir. 2005), concerning Copyright Act preemption of state rights of publicity.
  • Defeated defamation claims at pleading stage under California Anti-SLAPP statute. Troy Group, Inc. v. Tilson, 364 F. Supp. 2d 1149 (C.D. Cal. 2005).
  • Representation of Corbis Corporation in numerous copyright enforcement matters concerning unauthorized use of visual images.
  • Burton Award for Distinguished Legal Writing (2015)
  • Best Lawyers in America, Recognized for Litigation - Intellectual Property (2012-2016)
  • Legal 500 US, Recognized for Intellectual Property: Copyright; Trademarks: Non-Contentious (2013-2015) and Litigation; Media, Technology & Telecoms: Marketing & Advertising and Technology: Data Protection & Privacy (2013)
  • Euromoney's Benchmark Litigation, State Star, CA (2013-2014)
  • Northern California Super Lawyers, Intellectual Property Litigation (2007-2014)
  • Daily Journal, Top 30 Intellectual Property Lawyers in California (2005)