Last summer, Ryan Tyz and his team won a $23.4 million jury award against a client represented by a large firm that sometimes describes itself as the most feared law firm around.
"Our slogan is we don't fear anyone," Tyz quipped. "I've always been told I'm fearless. I relish the opportunities to go against the traditional and well-known firms and win."
Tyz represented Moonbug Entertainment, the company behind CoComelon, the No. 1 ranked children's educational channel on YouTube. The verdict came in a copyright infringement lawsuit against Chinese competitor BabyBus Network. "The trial went smoothly perfect and we outmaneuvered a good adversary," he said. Moonbug Entertainment Ltd., v. Babybus (Fujian) Network Technology Co. Ltd., 3:21-cv-06536 (N.D. Cal., filed Aug. 24, 2021).
Following a three-week trial, the jury found BabyBus had willfully infringed numerous Moonbug copyrights, including copying CoComelon's main character and overall aesthetics. The jury also found that the defendant had violated section 512(f) of the Digital Millenium Copyright Act by making a material misrepresentation in responding to takedown notices. "I think it is the only jury verdict on a 512(f) claim," Tyz said.
The court also issued an injunction against BabyBus's program, which was taken off YouTube, he said.
The trial was fun, Tyz said. "The jury was on the edge of their seat the whole time. [It was] a great intellectual property win, one of the bigger ... copyright verdicts of 2023." Posttrial motions have been argued.
The Tyz Law Group has handled a variety of IP litigation in a variety of areas. It currently has a patent case pending in the Western District of Texas for a Fortune 100 company.
The lion's share of its work currently is representing clients in the digital entertainment and video game industry. For instance, in February, it filed a copyright case for Riot Games. And it is defending the big online media company Fandom Inc. in a pair of class actions, one in state and one in federal court, challenging digital advertising trackers, including the Meta Pixel, which is code a website can use to optimize ad campaigns on Facebook and Instagram. Jackson v Fandom Inc., 3:22-cv-04423 (N.D. Cal., filed July 29, 2022).
At the end of March, Tyz argued at the 9th Circuit defending an order dismissing a consumer class action alleging that "loot boxes" in video games are gambling under California law. Arguing an important issue for video game companies at the federal appeals court was "kind of a highlight of my career," Tyz said.
Early this month, the 9th Circuit ruled in his client's favor. Mai v. Supercell Oy, 23-15144 (9th Cir., dec'd May 9, 2024).
-- Don DeBenedictis
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