Daniel (Danny) Kohler has always been passionate about technology. When Danny was a child he immersed himself in the digital world, playing every video game he could get his hands on. When he decided to attended college to study fine art, he thought it was a path that would take him away from the world of technology. Ironically, it took him one step closer. As he absorbed the curriculum he started seeing parallels between the artistic potential of modern video game technology and more classic forms of expression.
When Danny made his decision to go to law school there was no question about where he’d focus his energies: new media, technology, video gaming, intellectual property . . . essentially the intersection of the law and his long standing passion for technology and artistic expression.
Civil litigation with a focus on intellectual property disputes; intellectual property counseling and advice for entertainment and new media companies.
- Successfully opposed request for temporary restraining order which sought to prevent chess-related websites from reporting on the 2016 World Chess Championship; obtaining a ruling that Plaintiffs were unlikely to demonstrate that their claim for “hot news” misappropriation was not preempted by the Copyright Act.
- Successfully defended Sony Pictures Entertainment, Amblin Entertainment, and writers of Men in Black 3 in a copyright infringement action based on the film Men in Black 3, obtaining dismissal with prejudice on the grounds that the works at issue were not substantially similar as a matter of law. Basile v. Sony Pictures Entertainment, Inc., et al., Case 2:14-cv-04264-DMG (C.D. Cal. 2014).
- Successfully represented Blizzard Entertainment in litigation against producer and distributor of “bot” software for the popular video game “World of Warcraft,” obtaining summary adjudication and a $7 million judgment. Blizzard Entertainment, Inc. v. Ceiling Fan Software LLC, 28 F. Supp. 3d 1006 (C.D. Cal. 2013).
- Represents successful video game developers and publishers in various anti-piracy matters.
- Represents successful video game developers and publishers in litigation involving intellectual property disputes, including copyright and trademark disputes, and litigation arising under the DMCA.
- Represents major online content provider in litigation of various intellectual property matters.
- Analyzes legal issues and provides ongoing counsel to video game industry clients concerning a variety of intellectual property and new technology issues.
- Prevailed on Anti-SLAPP motion on behalf of Twentieth Century Fox Film Corporation against claims brought by actor Frank Sivero alleging that a character on The Simpsons television series infringed his right of publicity. Sivero v. Fox Television Studios, Inc., et al., Case No. BC561200.
Honors & Awards
- "Southern California Rising Stars," Southern California Super Lawyers (2016)
Professional, Business and civic Affiliations
- Video Game Bar Association
- Beverly Hills Bar Association
Other Career Experience
- Legal Clerk, Warner Bros. Entertainment
- A Question of Intent: Why Inducement Liability Should Preclude Protection Under the Safe Harbor Provisions of the Digital Millennium Copyright Act41 Southwestern Law Review 487, 2012
Events & Speaking Engagements
- U.S. District Court
- Central District of California
- Northern District of California
- U.S. Court of Appeals
- Ninth Circuit
Southwestern Law School, J.D., 2012; magna cum laude; Executive Board - Notes and Comments Editor, Southwestern Law Review; Recipient, Dean's Merit Scholarship; Biederman Scholar Award
Pratt Institute, B.F.A., 2003