attorneys

technical experts

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John Tehranian Partner
Direct Dial: 949.502.2873
Email: jtehranian@onellp.com
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John Tehranian is an experienced intellectual property and entertainment
attorney who represents prominent Hollywood, publishing, new media and
technology clients in high-profile copyright, trademark, patent, right of
publicity, defamation and First Amendment litigation. He has handled a
wide range of cases, from the alleged infringement of Winston Churchill’s
speeches and an ownership dispute over the recording of Jimi Hendrix’s
last major concert to fair use rights to Britney Spears photographs and
remake rights to a Jules Verne classic. His experience runs the gamut
from the ancient (trademark claims over Sanskrit words) to the cutting
edge (infringement claims over a leading file sharing application),
across subject matter both traditional (film and television, music,
literature, art and photography) and novel (internet metatags and
computer source code).
Tehranian received his A.B. from Harvard University and his J.D. for Yale
Law School, where he served as Editor of the Yale Law Journal. He
is the author of two books, Infringement Nation: Making the Case for
Copyright 2.0 (Oxford University Press, forthcoming 2010) and
Whitewashed (New York University Press, 2009). His articles have
appeared in such publications as the Yale Law Journal, U.C. Davis Law
Review, Berkeley Technology Law Journal, Journal of Intellectual Property
Law, B.Y.U. Law Review, Indiana Law Journal, Utah Law Review,
and Legal Times. He has spoken at numerous conferences and legal
events, has appeared on various television and radio programs, including
ABC's Nightline, has been quoted as an expert on legal issues in
such publications as The New York Times, Harper's Magazine, Financial
Times, Los Angeles Times, Hollywood Reporter and Christian Science
Monitor, and has served as an expert witness in numerous intellectual
property and civil rights infringement suits.
As an academic, Tehranian currently serves as a tenured Professor of Law
and Director of the Entertainment Law Center at Chapman University,
School of Law. He has previously served as a tenured Professor of Law at
the University of Utah, S.J. Quinney College of Law, and as Visiting
Professor of Law at Loyola Law School.
Education
Yale University, J.D.: Editor, Yale Law Journal; Senior Editor, Yale Law
& Policy Review; Editor, Yale Journal of Law and Humanities.
Harvard University, A.B.: magna cum laude; Phi Beta Kappa; Palfrey
Exhibition Prize for the most distinguished scholar in the senior class;
John Harvard Scholarship and Detur Prize for academic performance of the
highest distinction.Representative Clients
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New Line Cinema
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Josh Agle (a.k.a. Shag)
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X17
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Western Digital Corp.
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Wall Street Reporter
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LiveOffice
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Zankou Chicken
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Avila's El Ranchito
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Atchity Entertainment International
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Licensemusic.com ApS
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Charly Records
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Shiva Rea
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Tommy's Original Chili Factory
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Actioncam
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Bettie Page Clothing
Notable Entertainment & Intellectual Property Litigation
Copyright
- Representing a leading Hollywood photography agency in a
high-profile copyright infringement and "hot news" misappropriation
suit against a prominent Internet gossip blogger.
- Representing a renowned artist and illustrator in copyright and
trademark infringement suits against several multinational media
conglomerates.
- Defending a prominent Southern California architect in a novel and
high-profile architectural copyright infringement suit involving two
multi-million dollar Tuscan-style mansions.
- Serving as an expert witness on copyright law in an infringement
suit involving architectural works and construction designs under the
Architectural Works Copyright Protection Act
- Serving as an expert witness on copyright law in an infringement
suit involving product labeling and instructions for a major home
appliance manufacturer.
- Representing a leading financial media publication in numerous
copyright, misappropriation and breach of contract suits .
Trademark
- Defending the developer of a leading Internet software application
against trademark infringement claims by the world's largest
peer-to-peer file sharing network.
- Representing a major Hollywood studio in a movie title dispute
over a prominent forthcoming summer release.
- Defending a prominent international Yogini in trademark
infringement litigation over a best-selling line of DVDs.
- Representing the owners of a famous restaurant chain in a dispute
involving trademark ownership and infringement of the restaurant's
name.
- Representing a leading consumer product company in the extreme
sports space regarding protection of its marks.
Patent
- Representing a scientist-patentee, the inventor of a
microprocessor-controlled artificial respirator system, in a
successful willful patent infringement suit against a medical
manufacturer that resulted in a $3.5 million judgment, including a $1
million award for attorneys' fees.
- Representing a multinational biotechnology conglomerate in patent
infringement litigation relating to cardioplegic solutions infused
into the human heart to minimize muscle damage during open-heart
surgery.
- Representing a manufacturer of music-related technology in a
patent infringement and antitrust lawsuit.
- Defending a publicly traded technology developer in patent
infringement litigation involving optoelectronic transceivers and
surface emitting lasers for use in multi-gigabit fiber optic
telecommunications networks.
Notable Appellate Experience
- Obtaining a unanimous reversal in Taylor v. Delatoore, 281 F.3d 844
(9th Cir. 2002), a civil rights appeal before the United States Court
of Appeals for the Ninth Circuit.
- Obtaining a successful remand in Al Salami v. Ashcroft, No.
02-70260 (9th Cir. 2002), a political asylum appeal before the United
States Court of Appeals for the Ninth Circuit.
- Drafting an amicus curiae brief on behalf of the respondents in
Rice v. Cayetano, 528 U.S. 495 (2000), a constitutional and Native
Hawaiian rights appeal before the United States Supreme Court.
- Representing respondent in Tehrani v. Hamilton Medical, Inc., 331
F.3d 1355 (Fed. Cir. 2003), a patent infringement appeal before the
United States Court of Appeals for the Federal Circuit.
- Obtaining a unanimous reversal and remand in Crow Irvine #2 v.
Winthrop California Investors Limited Partnership, 128 Cal. Rptr. 2d
644 (Ct. App. 2002), a commercial dispute involving partnership rights
before the California Court of Appeal.
Scholarship Highlights
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Whitewashed (New York University Press, 2009).
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The Last Minstrel Show? 41 CONNECTICUT LAW REVIEW 781 (2009).
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Selective Racialization, 40 CONNECTICUT LAW REVIEW 1201 (2008).
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Infringement Nation: Copyright Reform and the Law/Norm Gap,
2007 UTAH LAW REVIEW 537 (2007).
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Compulsory Whiteness, 82 INDIANA LAW JOURNAL 1 (2007).
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The Secret Life of Legal Doctrine: The Divergent Evolution of
Secondary Liability in Trademark and Copyright Law, 21 BERKELEY
TECHNOLOGY LAW JOURNAL 1363 (2006) (co-authored with Mark Bartholomew).
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Aloha, Section 1981, LEGAL TIMES (June 19, 2006).
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Whither Copyright? Transformative Use, Free Speech, and an
Intermediate Liability Proposal, 2005 B.Y.U LAW REVIEW (2005).
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Copyright Liability After Grokster, CALIFORNIA LAYWER 37
(November 2005).
The High Court in Cyberspace: MGM v. Grokster, Digital Copyright,
and Secondary Infringement Theories, 47 ORANGE COUNTY LAWYER 24
(April 2005).
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Et Tu, Fair Use? The Triumph of Natural-Law Copyright, 38
U.C. DAVIS LAW REVIEW 465 (2005).
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Government Surnames and Legal Identities, in NATIONAL
IDENTIFICATION SYSTEMS: ESSAYS IN OPPOSITION 11 (Carl Watner, ed.,
2004) (co-author with James C. Scott and Jeremy Mathias).
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Sanitizing Cyberspace: Obscenity, Miller and the Future of Public
Discourse on the Internet, 11 JOURNAL OF INTELLECTUAL PROPERTY
LAW 1 (2003).
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All Rights Reserved? Reassessing Copyright and Patent Enforcement in
the Digital Age, 72 UNIVERSITY OF CINCINNATI LAW REVIEW 45
(2003).
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Optimizing Piracy: Achieving Efficient Management of Intellectual
Property Portfolios, in IL CONGRESO INTERNACIONAL DE LA
SOCIEDAD DE LA INFORMACION Y EL CONOCIMIENTO (CISIC) 2003 ANNUAL
PROCEEDINGS, New York: McGraw Hill (2003).
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The Creation of Legal Identities Proper to the State: The Case of
the Permanent Family Surname, 44 COMPARATIVE STUDIES IN SOCIETY
AND HISTORY 4 (2002) (co-author with James C. Scott and Jeremy
Mathias).
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A New Segregation? Race, Rice v. Cayetano, and the Constitutionality
of Hawaiian-Only Education and the Kamehameha Schools, 23
UNIVERSITY OF HAWAI'I LAW REVIEW 109 (2000).
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Performing Whiteness: Naturalization Litigation and the Construction
of Racial Identity in America, 109 YALE LAW JOURNAL 817 (2000).
- Famine and the Rule of Law: Freedom of the Press, Regime
Consolidation and the Politics of Starvation. A Study of the 1982-1985
Droughts in Ethiopia, Kenya and Zimbabwe, in NOT BY BREAD ALONE: FOOD
SECURITY AND GOVERNANCE IN AFRICA 145 (Ade Ogunrinade et al. eds.,
1999).
Professional Affiliations
Admitted to Bar: California.
Admitted to Practice: United States Court of Appeals for the Ninth
Circuit; United States Court of Appeals for the Federal Circuit; United
States District Court for the Central District of California; United
States District Court for the Northern District of California; United
States District Court for the District of Colorado; all California
state courts.
Member, American Intellectual Property Law Association (AIPLA),
Copyright Law Committee and Education Committee.
Recipient, The Wiley W. Manuel Award for Pro Bono Legal Services from
the Board of Governors of the State Bar of California in recognition of
pro bono work on behalf of low income clients
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