Alex Weingarten

In a dispute over what Weingarten calls one of the largest deals in Hollywood, he found a powerful tool to resolve the case quickly.

His client, film executive David Bergstein, sued Colony Capital LLC, its executive, Richard Nanula, and Filmyard Holdings LLC, which was created to acquire Miramax Films.

Bergstein claimed that he and Exodus Film Co., which he owns, were cheated out of millions of dollars in fees and other payments related to the approximately $675 million acquisition of Miramax in December 2010 from the Walt Disney Co. Exodus Film Co. Ltd. v. Filmyard Holdings LLC, BC482587 (L.A. Super Ct., filed April 9, 2012).

"Bergstein created a transaction and brought investors in," Weingarten said. "He was instrumental in getting Miramax for Filmyard."

In exchange for his efforts, Weingarten said Bergstein was due cash, an interest in the company and board seats.

But, Weingarten added, "He got a lot less than he was supposed to get. They stalled and made veiled threats - 'Nobody's going to believe you.'"

Weingarten found a prejudgment remedy: an attachment application seeking to put a lien on all of the company's assets pending resolution of the lawsuit.

"It's a very powerful incentive to get people to settle," he said. "We made the motion and didn't have to have a hearing. It took about a week from the time I filed to getting a check."

The terms of the settlement are confidential.

Weingarten currently is involved in a trademark infringement case on behalf of a pioneering cable television network, nuvoTV.

He is defending the Latino-oriented and Glendale-based English language cable television network in a lawsuit filed by the London Group LLC, a subsidiary of Diageo, billed as the world's largest alcohol beverage company. London Group LLC v. SiTV Inc., CV12-1660 (S.D. N.Y., filed March 6, 2012).

SiTV rebranded itself as nuvoTV in 2011. The London Group then claimed trademark infringement because it sells an alcoholic beverage marketed as Nuvo Sparkling Liqueur.

"They advertise on TV, and they say that presents conflicts and potential sources of confusion for consumers," Weingarten said.

Also, Diageo sometimes uses Latino celebrities to endorse its products on television, and the network caters to Latino audiences.

"There is a limit on how far someone can stretch their trademark, and if two products are totally unrelated, there is no legitimate chance of consumer confusion," Weingarten said, dismissing the London Group's notion that it can trademark something based on a demographic.

"Just because they hire Eva Longoria to hawk their booze," he added, "doesn't mean they get a monopoly on 20 percent of the population."

- PAT BRODERICK