Joshua Kaufman (AV® Preeminent™ Ranked) is the head of the firm's Copyright and Licensing Group. He counsels and litigates in the fields of copyright, e-commerce, licensing, art, intellectual property, software, on-line issues, trademark, entertainment, media and literary law. He advises his clients in structuring and negotiating transactions in which they exploit their intellectual property rights or in acquiring them from others.

Mr. Kaufman is a leader in anti-counterfeiting. He has been involved in hundreds of anti-counterfeiting efforts leading to the seizing, destruction or elimination of thousands upon thousands of counterfeited and infringed products. He has represented trademark, copyright and other rights owners in their never ending struggle against the world wide scourge of counterfeiting. Whether it takes a simple "Cease & Desist" letter, filing of a law suit or undertaking actual raids, Mr. Kaufman has been there time and again. Mr. Kaufman prides himself on often being able to make his enforcement activities "profit centers" for his clients. In the interest of balance, he has defended counterfeiters and infringers as well.

Mr. Kaufman was one of the nation's first computer and cyber lawyers. In addition to the law, Mr. Kaufman knows technology. He worked as a computer consultant and, for 10 years, wrote a syndicated column in which he reviewed hardware and software. He is also one of the country's most well-known art lawyers with clients spanning the globe. He represents a wide variety of artists, art publishers, art licensing agents and art licensees. Once again his legal proficiency is augmented by a strong knowledge of the art world as an artist, gallery owner and importer (he was MC Escher's first distributor in the USA).

Mr. Kaufman has a wealth of experience in all forms of licensing including software, trademarks, copyright, sports, art and personalities. He has negotiated hundreds of licenses involving most of the major licensing entities (representing licensee, licensors and agents). He has written numerous articles on licensing for a variety of publications, is a co-author of Licensing for Dummies, a regular contributor to the Licensing Royalty Rate Guide and a frequent speaker at the Licensing Show, Surtex and other trade events.

Mr. Kaufman assists his clients in understanding how to acquire and obtain the rights necessary for their projects, specifically, the acquisition of licenses, copyrights, trademarks and trade secret rights. He assists clients in exploiting these rights through licensing and joint ventures. In the event that his clients' rights are infringed upon, Mr. Kaufman assists them in securing proper and appropriate recompense for their losses through mediation, negotiation, arbitration and litigation. In order to fully protect their rights and insure they are not infringing on the rights of others he spearheads the firm's IP Audit group. In the event that a client has misused the intellectual property of another, Mr. Kaufman seeks to extricate them from such circumstances in the most expeditious, cost-effective and confidential manner possible.

Mr. Kaufman combines his knowledge of his clients’ businesses with his legal proficiency to provide practical legal advice without losing sight of the client’s business goals and needs. He never forgets the most important rule is to get the deal closed on the best possible terms for his clients.

Significant Matters

• CCNV v. Reid, 109 S.Ct, 2166 (1989) Successful affirmation (Copyright  Work For Hire)

• Societe Civile Succession Richard Guino v. Beseder, Inc., et al., arguing before the 9th Circuit October 20, 2008.
• Nelson Salabes, Inc. v. Morningside Holdings, et. al. 284 F.3d 505 (USCA 4th Cir. 2002) (Copyright Damages- Architectural works)
• Staggers v. Real Authentic Sound, 77 F. Supp. 2d 57, 1999 U.S. Dist. LEXIS 19136 (D.D.C. 1999) (Music Copyrights)
• Weschler v. Klank, 561 A.2d 1003 (D.C. App. 1989)  Successful affirmation (Consumer Protection  Auction House Liability-representing Bill Cosby)
• Barry v. Donnelly, 781 F.2d 1041 (4th Cir. 1986)  Successful appeal (Equitable Estoppel) Ownership  rights in Artwork
• Zitelman v. Metropolitan Insurance Agency, 482 A.2d 426 (D.C. App. 1984)  Successful appeal  (Civil Procedure  Summary Judgment)
• Davis v. Davis, 417 A.2d 1008 (D.C. App. 1984)  Successful affirmation (Estates  Will Signing and Witnessing)
• Spackman v. D.C. Department of Employment Services, et al., 590 A.2d 515 (D.C. App. 1991) (Labor Law  Employee vs. Independent Contractor status)

• Aaron Young Fine Arts v. O’Brien, 244 F.R.D. 294 (U.S.D.C. MD 2007)
• Pure Country Weavers v. Bristar, 410 F. Supp.2d 439 (USDC NDNC 2006)
• Societe Civile Succession Richard Guino v. International Foundation for Anti-Cancer Drug Discovery, U.S.D.C. AZ 2:06-cv-1540; 460 F.Supp 2d 1105, 83 U.S. PQ 2d 1360 (D. Ariz, 2006)
• Societe Civile Succession Richard Guino v. Beseder, Inc., et al., U.S.D.C. AZ 07-15582, 81 USPQ 2d 1260 (D. Ariz 2006)
• Agence france Presse v. Google, 2005 WL 3174405
• Getty Images News Services v. Department of Defense, 193 F. Supp 2d 112 (USDC DC 2002)
• Agence France Presse v. Department of Defense, George Bush, Richard Cheney, et al, 762 F. Supp. 1558 (S. Dist. NY 1991) (First Amendment/Freedom of the Press)
• United States of America v. Usama Bin Laden, 98 Cir 1023 (U.S.D.C.N.Y. 2001-) [First Amendment-Press Priviledge-Quash Subpoena]
• Graffman v. John Doe, 1998 U.S. Dist. Lexis 1339 (DC SDNY) (Liability/Responsibility Art Collectors) Affirmed 2nd Cir. 1999.
• Agence France Presse v. Department of Defense, George Bush, Richard Cheney, et al., 762 F. Supp. 1558 (S. Dist. NY 1991) (First Amendment/Freedom of the Press)
• National Catholic Reporter Publishing Company v. Federal Bureau of Investigation  514 F. Supp. 1149 (D.C. 1981)  (Freedom Of Information Act)

Activities