Mr. Gabriel has extensive experience litigating complex copyright and trademark issues and his in depth understanding of this area of the law enables him to help find creative solutions to complicated disputes. Mr. Gabriel also has substantial experience handling commercial litigation disputes including contract disputes, fraud, breach of fiduciary duty and interference claims.

He 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.

He was a member of the team representing 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. In similar fashion, he was a member of the team representing 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. He is currently representing the composer of the song “Where In The World Is Carmen San Diego” attempting to resolve a claim against Rand Paul based on his unauthorized use the composition in a campaign advertisement.

Representative Matters

  • Defending Warner/Chappell Music, Inc. in a case involving a complex seventy-year history of assignments and licenses relating to musical compositions written by famous composer Mack David. The heirs of Mr. David have asserted claims against Warner/Chappell for unpaid royalties dating back to 1948 in connection with these compositions.
  • 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, privilege issues, trademark damages and the cross-examination of the COO of an international game distributor.
  • Defended SeaWorld Entertainment, LLC against trademark infringement claim by a small swimwear retailer alleging that SeaWorld’s Aquatica waterparks infringed the retailer’s Aquatica trademark in connection with the sale of swimwear. Helped obtain a favorable resolution securing the rights to the trademark for SeaWorld.
  • Defending SeaWorld Entertainment, LLC against claims for false advertising and unfair business practices in a consolidated class action in which the plaintiffs have asserted that SeaWorld made misrepresentations about the care and health of the killer whales in its care. Successfully removed one of the class actions from State to Federal Court and obtained a dismissal with leave to amend of another of the class actions on a motion to dismiss.
  • Represented the Kardashian sisters against claims of vicarious and contributory trademark infringement relating to their licensee’s use of the Khroma trademark on a line of makeup also bearing the Kardashian’s name.
  • 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.
  • Successfully defended a franchisor against multiple claims by disgruntled franchisees asserting fraud and breach of contract claims in arbitration.
  • 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.
  • Education

    • University of Michigan, B.B.A., 1994
    • University of California, Davis School of Law (School of Law Medal recognizing the highest academic achievement in his graduating class), J.D., 2005