David Fink is a founding member of White O’Connor Fink & Brenner, LLP.  Mr. Fink’s practice includes business and entertainment matters, with an emphasis on First Amendment, entertainment and intellectual property litigation.  Mr. Fink’s creative strategies and dynamic litigation style have enabled him to achieve highly favorable results in a wide variety of complex disputes in trial and appellate courts throughout the United States.  In addition to representing major news media, television and entertainment clients, Mr. Fink has served both as litigation counsel and as a consultant for numerous companies and individuals on a wide variety of First Amendment, entertainment and business matters.  Mr. Fink also maintains a pro bono practice in the areas of Tibetan independence and the immigration of refugees based on political asylum.

Mr. Fink received his undergraduate degree with a major in English from the University of California, Berkeley in 1988, and his law degree from the University of California, Hastings College of the Law in 1993.  Mr. Fink is a member of the State Bar of California, and is admitted to practice before the United States District Court for the Central and Northern Districts of California and the United States Court of Appeals for the Ninth and Seventh Circuits.

Mr. Fink is a member of several bar associations and practice groups including the Los Angeles Copyright Society, the Intellectual Property Law section of the State Bar of California, the Intellectual Property & Entertainment Law Section of the Los Angeles County Bar Association, the American Bar Association and the Beverly Hills Bar Association.  Mr. Fink has been named as a Southern California “Super Lawyer” by Los Angeles Magazine every year since 2004.  Mr. Fink lectures regularly to entertainment clients on the subjects of copyright, trademark and idea submission law.  Mr. Fink also writes on media and entertainment related topics.

Recent Representative Appeals

Hall v. Time Warner, Inc., 153 Cal. App. 4th 1337 (Aug. 02, 2007) (review denied Oct. 31, 2007).  California Court of Appeal reversed the trial court’s denial of defendants’ anti-SLAPP motion and held that defendants were entitled to anti-SLAPP protection because the career and personal life of actor Marlon Brando were matters of widespread public interest.

Maureen Marder v. Jennifer Lopez, Sony Music Entertainment, Inc. and Paramount Pictures Corporation, 450 F.3d 445 (9th Cir. 2006).  Ninth Circuit affirmed dismissal of a copyright infringement and co-ownership action concerning the motion picture “Flashdance.”

Surfvivor Media v. Survivor Productions, 406 F.3d 625 (9th Cir. 2005).  Ninth Circuit affirmed dismissal on summary judgment of reverse confusion trademark infringement claim concerning products marketed in connection with the “Survivor” television program. 

Sullivan v. CBS Corp., 385 F.3d 772 (7th Cir. 2004). Seventh Circuit affirmed dismissal on summary judgment of trademark infringement and other claims brought by Survivor rock band for using the “Survivor” mark in connection with the reality television series of the same name.

Other Representative Cases

Sweeney et al. v. The Greenblatt Janollari Studios et al., Los Angeles Superior Court (2007).  Secured the early dismissal, with prejudice, of nine of plaintiffs’ ten idea submission based claims related to the “Elvis” miniseries broadcast on CBS.  A highly favorable resolution of the remaining claim was reached.  

Crews v. Fishburne et al., Los Angeles Superior Court (2007) (appeal pending).  Represented well-known actor in discrimination claim by former assistant.  Secured dismissal, with prejudice, by obtaining terminating sanctions.

Howard v. Touchstone Television Productions, LLC et al., United States District Court, Central District of California (2006).  Represented defendants in securing the dismissal, with prejudice, of copyright and accounting claims arising from the creation and production of the television series “Criminal Minds.”

Tordjmann v. Warner Bros. et al., United States District Court, Central District of California (2005).  Successfully represented Warner Bros. and ABC in a copyright infringement action over the television program “War Correspondent.”

Warner Bros. v. Carmine Caridi et al, United States District Court, Central District of California. (2005).  Represented Warner Bros. on the civil side of a motion picture piracy investigation and crackdown regarding Academy Award screeners.

Santa Fe Entertainment Inc. v. Paramount Pictures Corporation, et al., United States District Court, Central District of California (2004).  Represented Paramount Pictures in copyright infringement action concerning the motion picture “Clockstoppers.”

CBS Broadcasting Inc. v. Casablancasports, United States District Court, Central District of California (2004).  Represented CBS in a trademark infringement action against an offshore, international gambling website.

New Line Cinema v. Cedar Fair L.P., United States District Court, Central District of California (2004).  Represented New Line Cinema and related entities in a copyright infringement action against Knott’s Berry Farm over unauthorized use of New Line’s copyrighted material in connection with the “Knott’s Scary Farm” Halloween show. 

Glick v. Langley Productions et al., Los Angeles Superior Court (2003).  Defended the producer of the long-running television series Cops against an idea submission claim regarding the crime.com website.

Brown v. Paramount Pictures et al., Los Angeles Superior Court (2003).  Represented Paramount Pictures in an idea submission case over the television series “One on One.”

Representative Lectures

Dude, Where’s My Cut: Case Studies In Idea Submission Law, Continuing Legal Education Seminar (February 2008)

It’s A Jungle Out There!  How To Avoid The Bite Of Copyright And Idea Submission Snakes, Continuing Legal Education Seminar (September 2007).

Sqrat Fights and Reality Bites: Recent Developments in Copyright and Idea Submission Law, Continuing Legal Education Seminar (October 2006). 

Barbarians at the Gates:  Recent Developments in Copyright and Idea Submission Law, Continuing Legal Education Seminar (September 2006). 

Surviving America’s Most Amazing and Extreme Legal Makeover:  Copyright and Idea Submission Claims Invade Reality Television, Continuing Legal Education Seminar (October 2005).

Representative Additional Publications

“The Entertainment Industry Can Create Contractual Obligations, But Rarely Fiduciary Duties,” Business Torts Journal (2007).

“More Reverse Confusion Claims Move Forward,” The National Law Journal (October 2005).

California Litigation Review, First Amendment (2001).