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Courtney Caprio

ASSOCIATE, MIAMI



Ms. Caprio's practice focuses on media and fashion law. She regularly litigates trademark, copyright, false advertising, right of publicity, employment, and trade secret matters, and was selected by the Daily Business Review as South Florida's "Most Effective Lawyer" in the Complex Business/Civil Litigation category in 2011 and as a "Super Lawyer" in the field of Entertainment and Sports in 2013 and 2014. In addition to litigating, Ms. Caprio counsels fashion designers and media companies on an array of transactional matters, including the protection of intellectual property, employment issues, and the negotiation of licensing and content agreements.

Representative Matters

  • Obtained a $7.5 million settlement on behalf of Trans Continental Television Productions, Inc. in a complex litigation against MTV Networks, Viacom International Inc., Viacom Inc., Bad Boy Films, Inc. and Bad Boy Records, LLC involving novel issues of copyright law relating to the television franchise, Making the Band.
  • Trial counsel for Verizon Wireless, obtaining complete victory in a rare trial of a deceptive trade practices action brought by the Florida Attorney General's Office seeking $20 million in damages and additional penalties against Verizon's affiliate, Alltel Communications, Inc., relating to its alleged negative option practices in subscribing approximately 450,000 Florida customers to Alltel's roadside assistance feature.  State of Fla., Office of Attorney General v. Alltel Commc’ns, Inc., Case No. 06-2520 (Leon County Circuit Court).
  • Represented performing artist Armando Christian Perez p/k/a Pitbull and other artists and record labels in their successful First Amendment defense against the right of publicity action brought by actress Lindsay Lohan under New York law for the mention of her name in the hit song, "Give Me Everything."
  • Prevailed on summary judgment based on fair use doctrine on behalf of Spanish Broadcasting System, Inc., Mega Media Holdings, Inc., Telemotion Productions, Inc. and MES Productions in a copyright infringement action brought by author Noberto Fuentes.
  • Defeated America-CV Network, LLC's Emergency Motion for a Preliminary Injunction, which sought to enjoin Spanish Broadcasting System, Inc.'s broadcast Ahora con Oscar Haza.
  • Represented Top Stop Music, Inc. and Top Stop Publishing, Inc., and its principal, Sergio George, in a lawsuit involving Prince Royce, which resulted in the dismissal of Prince Royce's $5 million defamation claim.

Reported Decisions

Among Ms. Caprio's many successful cases:

  • LaTele Television C.A. v. Telemundo Communications Group, LLC, 2013 WL 1296314 (S.D. Fla. March 27, 2013) (denying Telemundo’s motion to dismiss a copyright infringement action based on a substantial similarity between LaTele's telenovela, Maria Maria and Telemundo's El Rostro de Analia).
  • In re Pearlman, 2010 WL 3431825 (M.D. Fla. Aug. 27, 2010) (Antoon, J.) (denying Bad Boy Films and Bad Boy Records' motions to dismiss and strike the jury trial demand).
  • Fuentes v. Mega Media Holdings, Inc., 2011 WL 2609550 (S.D. Fla. June 30, 2011) (Moreno, J.) (granting the defendants' final judgment, finding that their use of the video segments in question during broadcasts of Maria Elvira Live constituted fair use as a matter of law).
  • Trans Continental Television Productions, Inc. v. MTV Networks, Inc.Viacom Inc.Viacom International Inc.Bad Boy Films, Inc. and Bad Boy Records, Inc., 2010 WL 3431825 (M.D. Fla. August 27, 2010) (Antoon, J.) (denying the MTV defendants' motions to dismiss and motion to strike jury trial demand).
Activities
Speeches and Events
  • Speaker, Production 101, Florida Entertainment and Sports Law Symposium, May 26, 2013
Admitted to Practice
Florida, 2004
U.S. District Court, Southern District of Florida, 2005, Middle District of Florida, 2006
Education
J.D., University of Virginia School of Law, 2004
B.A., with distinction, University of Virginia, 1999
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