Mr. Whitney's representative work includes a series of
successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and
appellate court
decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.
Citing
appellate decisions from Ontario, New Brunswick, and Newfoundland, the insured successfully argued that modern jurisprudence was in favour of awarding special costs in favour of insured who are
successful in coverage actions.