ProfessionalsLynn B. Bayard
A partner in the Litigation Department, Lynn B. Bayard has a diverse practice in the media, sports and entertainment industries, representing songwriters and music publishers, sports leagues, and media companies, with a focus on copyright and trademark matters.
Lynn has represented:
- Barefoot Contessa Pantry LLC, Ina Garten and Ina Garten LLC in obtaining a temporary restraining order and then a favorable settlement of a trade dress infringement suit against a large frozen food distributor, resulting in a permanent injunction barring the use by defendants of Barefoot Contessa's intellectual property and requiring the destruction of the infringing products and payment to the client.
- Carnival Corp. in obtaining a dismissal of claims alleging infringement of copyrights in Broadway musicals in performances on cruise ships traveling outside of the U.S. waters.
- The National Football League in defending and obtaining a landmark settlement of hundreds of concussion lawsuits brought by more than 5,000 former NFL players arising from the alleged long-term effects of concussions sustained by them while they played professional football; and advising the client in a variety of scientific, medial and intellectual property matters.
- Weight Watchers International, Inc. in a false advertising suit against Jenny Craig, Inc. and in a variety of trademark infringement and franchise matters.
- The Huffington Post in an idea misappropriation claim brought by two individuals who claim the site was their idea.
- National Music Publishers' Association (NMPA), the Songwriters Guild of America (SGA) and the Nashville Songwriters Association International (NSAI) in a rate proceeding resulting in the setting of advantageous new rates and terms for the mechanical license under Section 115 of the Copyright Act.
- The American Society of Composers, Authors and Publishers (ASCAP) in proceedings and negotiations to set the royalty rate for public performances of musical compositions by the cable television, network television, local television and radio industries, as well as by numerous new media companies.
- A class of songwriters and music publishers in a copyright infringement action against Bertelsmann AG resulting in a $130 million settlement.
Lynn has been recognized by The Legal 500 for her copyright practice. In addition, she has extensive IP transactional experience including drafting and negotiating license agreements, and regularly represents on a pro bono basis non-profit organizations in connection with publishing and arts-related matters.
Lynn has authored or co-authored several articles on a range of intellectual property issues, including:
- "Intellectual Property Litigation: Preserving Rights Through Trademarks When Copyrights Expire," in the March 13, 2013 issue of The New York Law Journal, which examines whether trademark law can be used to protect famous characters even after their copyright protection expires, citing the decision in Fleischer Studios v. A.V.E.L.A over the cartoon character Betty Boop.
- "A Losing Case for the Fair Use Defense," in the August 17, 2009 edition of The National Law Journal on the decision in Salinger v. Colting, in which the parody defense was put to the fair use test, discussing the criteria to be considered in determining whether a work has made fair use of the copyrighted original.
- "'Making Available' Cases Still Making Trouble" in the January 7, 2009 edition of IP Law360, which discusses the piracy that has plagued the music industry for the past decade as a result of Internet peer-to-peer file-sharing sites and explores how courts have grappled with the question of whether users' "making available" of copyrighted files on those sites for reproduction by other users constitutes "distribution" under the Copyright Act.
- "Mary J. Blige: No More Retroactive Copyright Licensing Drama," an article on Davis v. Blige, an important Second Circuit decision interpreting the rights of co-authors under the Copyright Act in which plaintiff Sharice Davis brought a copyright infringement action against defendant Mary J. Blige and others over two songs on Blige's album "No More Drama," which appeared in the Winter 2008 issue of Entertainment and Sports Lawyer.
- "A Well-Tailored Remedy," which appeared in the December 2007 issue of IP Law & Business on a bill introduced by Senator Schumer to protect fashion designs under the Copyright Act. Fashion designers, unlike other creators of original works in the United States and unlike fashion designers abroad, are currently denied copyright protection in the United States.
- "9th Circuit Finds 'Thumbnail' Photos Display Fair Use," which was published in the October 29, 2007 issue of The National Law Journal on a decision of the U.S. Court of Appeals for the Ninth Circuit, Perfect 10 Inc. v. Amazon.com Inc., addressed the closely followed question of whether the display of "thumbnail" versions of copyrighted photographs by Google's image search engine constitutes copyright infringement or "fair use" under the Copyright Act.
- "Unsettled Territory," which was published in the March 2006 issue of GC New York, explores issues relating to republishing collective works in new media.
Lynn also wrote a chapter titled "Settling Copyright and Trademark Disputes" in the leading treatise on the law of settlement agreements and the settlement process, Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement, published in 2008. She has spoken on topics including copyright infringement litigation as well as the advancement of women attorneys.
Lynn is a former member of the Trademarks and Unfair Competition Committee and previously served on the Civil Rights Committee and the Copyright and Literary Property Committee of the City Bar.