Kirk-Hallam-Pic-300x247.jpg

KIRK M. HALLAM

Kirk Hallam has been a highly successful business litigator for more than thirty years, specializing in trademark, trade dress, copyright, patent, accounting disputes, securities fraud, antitrust, computer fraud and data theft, as well as rights of publicity, real property and breach of fiduciary duty.

Kirk received his law degree from Harvard Law School and his Bachelor of Arts from the University of California at Los Angeles (Summa Cum Laude).

After clerking for United States District Court Judge Judith Keep, Kirk became an associate, then partner in the Beverly Hills law firm of Rosenfeld, Meyer & Susman (1987-98), representing clients such as Universal Studios, Nike (and founder Phil Knight), Lisa Frank, Inc., Studio Executives and Producers Alan Ladd, Lee Rich, Sean Hepburn Ferrer, the Audrey Hepburn Estate, the Beach Boys/Brian Wilson, Alan Douglas and Jimi Hendrix Music Publishing Co (Bella Godiva).

In 1998, Kirk left Rosenfeld to pursue opportunities with clients in the entertainment field, while continuing to handle select matters for existing clients.  Since returning to the full-time practice of law in 2008, Kirk has tried and won, or prevailed by motion, in 11 consecutive cases, matters involving trademarks, copyrights, patents, computer fraud and data theft, e.g. copyrights in a Jimi Hendrix documentary film, copyrights in the Superman Shield, trademark rights in the Rin Tin Tin television and film franchise, patent rights in revolutionary organic pesticides, theft of computer data and infringement of copyrights in business software.

Over the past 25 years, Kirk's life outside the legal profession has involved a wide-range of activities such as producing an award-winning Australian miniseries, serving on the Board of the Audrey Hepburn Children's Fund, playing tennis, golf and basketball, and generally enjoying life with his family and friends.

Representative Matters

  • MASS Group v. InformaTrac, et al (C.D. Cal. May 2018)

    Defeated defendants' summary judgment motion in federal court case involving data theft and infringement of copyrights in business software

  • Lisa Frank, Inc. v. The Orb Factory 2017 WL 6000477 (D. Ariz. May 2018)

    Obtained substantial monetary settlement and permanent injunction during jury trial in Arizona federal court case involving infringement of client's trade dress and copyrights in artwork for products and packaging.

  • Apollo Medical Extrusion Technologies, Inc. v. Medical Extrusion Technologies, Inc., 2017 WL 3600737, (TTAB 2017)

    Obtained precedential decision by TTAB upholding opposition to registration of trademark, on grounds respondent's mark was merely descriptive.

  • Cal Agri v. Steckler, 2016 WL 7406414 (2016)

    Affirmed judgment for $5 million and ownership of patents in organic pesticide products.

  • DC Comics v. Mad Engine, Inc. (2016)

    Obtained dismissal of trademark and copyright infringement claims in federal court action involving trademarks and copyrights in the Superman Shield.

  • Kleven v. Hereford re Rin Tin Tin (2015)

    Obtained judgment for plaintiff following court trial in the Central District of California, awarding all trademark rights in the Rin Rin Tin television and film franchise.

  • Cal Agri v. Steckler (2014)

    Won $5 million judgment and ownership of patents in organic/nontoxic pesticides following four-week court trial.

  • PhotoFixitPro, Inc. v. Gerald Harper (2013)

    Won court trial and $671,000 Judgment, including reimbursement of fees and costs, against client's former programmer for theft and destruction of data.

  • Douglas v. Experience Hendrix (2012)

    Won federal court trial in Western District of Washington, judgment awarding copyrights in Jimi Hendrix documentary, reimbursement of all fees and costs.

  • Brown v. Lisa Frank, Inc. (2011)

    Obtained judgment for ownership of patents in children's toy, aff'd by Arizona Court of Appeals and the Arizona Supreme Court.

  • Sean Hepburn Ferrer v. Carol Publishing Co., 69 F. Supp. 2d 495 (SDNY)

    Prevailed on summary judgment and obtained substantial monetary settlement and permanent injunction for Audrey Hepburn Estate in Lanham Act false endorsement case involving Audrey Hepburn's rights of publicity.

  • Dove Audio v. RMS, 47 Cal. App. 4th 777

    Obtained dismissal of defamation action against law firm and client, the Estate of Audrey Hepburn, via Anti-Slap motion, reimbursement of all fees and costs.

  • Experience Hendrix v. Alan Douglas

    Prevailed on motion for preliminary injunction after four-day evidentiary hearing in Seattle Federal Court case involving ownership of all Jimi Hendrix music rights and rights of publicity.

  • Lisa Frank, Inc. v. Mega Toys, 1996 U.S. App. LEXIS 5769; 1996 WL 115293

    Obtained preliminary injunction in federal trademark case, aff'd by Ninth Circuit in published opinion establishing protectability of client's trade dress.

  • Brian Wilson v. Von Gentile, 8 Cal. App. 4th 759

    Won ownership of Malibu oceanfront property for leader of Beach Boys, aff'd in published opinion by the California Court of Appeals.

  • Lee Rich v. Kirk Kerkorian and MGM

    Secured highly favorable, confidential settlement for outgoing Chairman of MGM Studios in federal securities fraud and breach of contract action.

  • Carl Lewis v. Nike

    Obtained dismissal of action against Nike for breach of endorsement contract.

  • Unique Industries, Inc. v. Lisa Frank, Inc., 1994 U.S. Dist. LEXIS 13590

    Won dismissal of trademark and copyright claims in Arizona Federal Court.

  • Lisa Frank, Inc. v. Impact, 799 F. Supp. 980 (D. Ariz. 1992)

    Won permanent injunction and substantial monetary settlement in trade dress and copyright infringement case in Arizona Federal Court, establishing important legal precedent that color patterns are protectable trade dress.

  • Levin and Lipton v. Philip Knight (C.D. Cal. 1988)

    Obtained judgment for Founder and Chairman of Nike following federal court jury trial in case involving the Los Angeles Clippers basketball team.

  • Paul Newman v. Universal Studios, et al., 813 F. 2d 1519 (9th Cir. 1987)

    Drafted successful motion to dismiss antitrust claims against all major motion picture studios for alleged price-fixing in connection with profit participation in home entertainment revenue (aff'd on appeal).

Bar Admissions:

California

U.S. District Courts

Central, Eastern, Northern and Southern Districts of California

U.S. Court of Appeals for the Ninth Circuit

U.S. Trademark Trial and Appeals Board

Supreme Court of California

Santa Monica Office
310-656-8000
310-564-7623 (Fax)
khallam@gormanmiller.com