Recently defended Zobmondo Entertainment, LLC against claims of trademark infringement by Spin Master LLC, relating to the titles of board games in a two-week Federal Court trial. Gained extensive trial experience arguing admissibility of evidence and privilege issues, and cross-examining the COO of an international game distributor. Also recently represented plaintiff David Byrne against former Florida Governor Charlie Crist and advertising agency Stevens and Schriefer Group relating to the unauthorized use of Byrne’s song Road to Nowhere in a political campaign advertisement. The case resulted in a favorable settlement for Mr. Byrne after a two-day mediation. Mr. Gabriel also represented renowned singer/songwriter Jackson Browne in a suit against former Republican candidate for president John McCain and the Republican National Committee relating to the unauthorized use of Browne’s song Running on Empty in a campaign advertisement.
Mr. Gabriel assisted in the defense of Sanctuary Records against a multitude of claims by Mike Love from the Beach Boys in two separate lawsuits. Mr. Love’s complaints included claims for conspiracy, right of publicity violations, as well as trademark and copyright infringement among other things. Mr. Gabriel helped obtain a dismissal of every one of Mr. Love’s claims by motion, which resulted in a published opinion: Mike Love v. The Mail on Sunday, 473 F.Supp.2d 1052 (C.D.Cal. 2007). In addition, Mr. Gabriel helped obtain an attorneys’ fee award in favor of Sanctuary in both cases.
In addition to this extensive copyright and trademark experience, Mr. Gabriel also has substantial experience in the commercial litigation arena. Has represented investors against a large national bank relating to claims of negligence and breach of fiduciary duty, and successfully defended StubHub against business interference claims by its rival Ticketmaster. Also successfully defended a franchisor against multiple claims by disgruntled franchisees in an arbitration. In addition, Mr. Gabriel represented a small post-production studio in a case against the Motion Picture Industry Pension and Health Plan relating to health and pension benefits for its employees.
Mr. Gabriel is a graduate of the University of Michigan (B.B.A 1994) and the University of California, Davis School of Law (J.D. 2005) receiving the School of Law Medal recognizing the highest academic achievement in his graduating class.