Peter Marcus

Headshot of Peter Marcus
Peter is married to Zoë, a Pilates instructor and business owner. They have two sons. Peter enjoys writing, playing music, traveling, Vipassana meditation, kayaking and ergometer rowing.

Peter Marcus

Partner

Practice Areas
Business and civil litigation, including in the areas of contract disputes, business and other torts, intellectual property disputes, insurance law, wildfire, and product liability. Peter has successfully represented a large array of companies and individuals, including manufacturers, publishers, retailers, importers, distributors, insurers, landowners, architectural firms, media production companies, textile companies, sports equipment makers, photographers, component manufacturing organizations, automobile and bicycle wheel designers, promotional product distributors, premises owners, and a host of other clients.
Biography

Peter is a partner of Schonbuch Hallissy LLP. He is a civil litigator admitted to practice in California and New York, the U.S. District Courts for the Central, Northern and Southern Districts of California and Southern District of New York, the Ninth Circuit Court of Appeals, and has litigated before the Trademark Trial and Appeal Board and the International Trade Commission. Peter is a frequent writer and speaker on issues concerning federal practice, intellectual property and insurance coverage. He has served as national president for the United States of the World Jurist Association, a non-governmental organization with special consultative status with the U.N. Economic and Social Council, consisting of judges, lawyers, supreme court justices and law professors from around the world engaging to further the rule of law and the administration of international law. He has also served on the boards of Temple Israel of Hollywood and several nonprofits, spearheaded efforts as a leader in the fight against genocide and mass atrocities in Darfur, Sudan and around the world, and been an advisor to Panzi Foundation USA and its founder, the Nobel Peace Laureate Dr. Denis Mukwege. He previously worked as an editor with St. Martin’s Press and the West Publishing Company. He is a published writer and photographer, and authored the script for the award-winning documentary, The Nixon-Kennedy Debates.

  • Aguirre v. Greenpath Enterprises – prevailed on motion to quash for lack of personal jurisdiction in product liability case (San Bernardino Superior Court).
  • Lakatos v. RLI Corp. – prevailed on dispositive motion to dismiss in breach of contract case concerning underinsured motor vehicle provisions of insurance policy (U.S. District Court, Central District of California).
  • Tomelleri v. AFTCO – successfully represented client in copyright infringement case involving fishing magazine and related products (U.S. District Court, Central District of California).
  • Black Angus Steakhouses v. C3 Restaurant Partners – obtained favorable result for client in breach of contract case involving restaurant ghost kitchens and to-go ordering platform (Los Angeles Superior Court).
  • Rendon v. D’Andrea – successfully represented client in dispute involving motor vehicle accident (Los Angeles Superior Court).
  • ASCIP v. On the Go Portable Water Softener, LLC – successfully represented client in product liability dispute involving water deionizer (Los Angeles Superior Court).
  • Hanifan v. Auto-Owners Insurance Company – prevailed on motion to dismiss for lack of personal jurisdiction in breach of contract action (U.S. District Court, Northern District of California).
  • Casillas v. Misc. Goods Co. – successfully represented defendant in Unruh Act action involving Internet sales of consumer products (Los Angeles Superior Court).
  • Cross v. RLI – prevailed on dispositive motion to dismiss in breach of contract case concerning underinsured motor vehicle provisions of insurance policy (U.S. District Court, Northern District of California).
  • Tendall v. Ronk – successfully represented client in dispute involving motor vehicle accident (Los Angeles Superior Court).
  • K&N Engineering v. KT Performance – successfully represented client in copyright and trademark infringement case (U.S. District Court, Central District of California).
  • Isom Innis v. Ellakkany – prevailed on dispositive motion for summary judgment in negligence and conversion action concerning lost property (Los Angeles Superior Court).
  • Mecray v. Eataly Century City – obtained favorable result for client in premises liability action involving construction of stairs (Los Angeles Superior Court).
  • Carbine v. Goose Creek Candles – successfully represented defendant in Unruh Act action involving Internet sales of consumer products (Los Angeles Superior Court).
  • Boxed Foods Company, LLC v. California Capital Insurance Company, 497 F.Supp.3d 516 – prevailed on dispositive motion to dismiss in breach of contract case concerning COVID-19 business interruption dispute (U.S. District Court, Northern District of California).
  • Callner, Ezra vs. Oilo Studio – obtained successful result for client in product liability action concerning design of reclining chair (Los Angeles Superior Court)
  • Lime Mountain Livestock, LLC v. Atkins – successfully represented landowner in dispute arising out of the Chimney Fire, which destroyed 46,344 acres of land and threatened Hearst Castle.
  • Kev & Cooper, LLC v. Furnish My Place, LLC – successfully represented defendant in copyright and trademark infringement dispute involving rug designs (U.S. District Court, Central District of California) (San Luis Obispo Superior Court).
  • Onni Contracting v. Solar Alliance Southeast, LLC – prevailed on dispositive motion in breach of contract action concerning installation of solar panels on commercial property (Los Angeles Superior Court).
  • Scott, Blane and Darren Recovery LLC v. Auto-Owners Ins. Co. – prevailed on motion to dismiss for lack of personal jurisdiction in breach of contract dispute (U.S. District Court, Central District of California).
  • Romanov v. Livnev, et al. – obtained $8.1 million judgment on behalf of client following three week trial on the merits in partnership dispute involving international film distribution company owned by former co-President of Lions Gate’s international division and former executive with Gorky Film Studios, and related entities and individuals. Prevailed on multiple causes of action, including conversion and breach of fiduciary duty, in connection with former partner’s wrongful transfer of film rights to hundreds of films and withholding of significant revenues from partnership, and obtained permanent injunction against the former partner. Also prevailed in defense of cross-action and obtained full dismissal on the merits of all causes of action raised in the cross-complaint (Los Angeles Superior Court).
  • Hasbro, Inc. v. MGA Entertainment, Inc. – Successfully represented client in trademark infringement action concerning the use of the registered trademark “Memory” in connection with three-dimensional matching games (U.S. District Court, District of Rhode Island).
  • Meggitt Safety Systems, Inc. – Successfully represented commercial and military aircraft company in matters concerning confidential business information and misappropriation of trade secrets.
  • Whittaker Controls – Successfully represented design and manufacturing company in matters concerning confidential business information and misappropriation of trade secrets.
  • Tool Dissectional v. Pendulum Studios – Obtained favorable result for animation and digital effects studio in dispute concerning production of music video for the rock band Tool’s song “Vicarious” (Los Angeles Superior Court).
  • Stapp v. World Wide Red Light District et al. – Successfully represented client in invasion of privacy action concerning video involving Kid Rock and Scott Stapp, founding member of the rock band Creed (U.S. District Court, Central District of California).
  • Jose Eber v. Ackerman, et al. – Successfully represented client in dispute concerning production of informercials for Jose Eber hair products (American Arbitration Association).
  • Pacific Coast Steel v. Continental Casualty Company – Obtained favorable result for client in insurance coverage dispute concerning professional services exclusion in case arising out of the design, installation, construction and repair of a “post-tensioning system” for a mixed use project in Millbrae, California (U.S. District Court, Southern District of California).
  • The Continental Insurance Company v. Cota – Prevailed on motion for summary judgment against owners and operators of the cargo ship M/V Cosco Busan on constitutional issues concerning California pilotage statute in insurance coverage dispute stemming from the vessel’s allision with the San Francisco-Oakland Bay Bridge, which resulted in a 53,000-gallon oil spill in San Francisco Bay (U.S. District Court, Northern District of California).
  • In the Matter of Certain Radios and Components Thereof and related matter – obtained favorable result for client in trademark dispute involving design and configuration of the Bose Wave radio (U.S. International Trade Commission).
  • Popeil Inventions v. Pick Five Imports and Home Shopping Network – Obtained favorable result for client in trademark/trade dress and copyright infringement action concerning the Showtime Rotisserie Oven (U.S. District Court, Central District of California).
  • Rhodes v. E-Z Way Productions, Inc., et al. – Obtained favorable result for client in trademark infringement and right of publicity action concerning the Rhodes piano and the Rhodes Piano Method (Los Angeles Superior Court).
  • Classic Concepts v. Pier 1 Imports – Obtained favorable result for copyright owner against Pier 1 in copyright infringement action concerning designs included in kilim rugs and related products (U.S. District Court, Central District of California).
  • Skechers USA. v. Top Guy Int’l. Trading – Successfully represented client in design patent infringement action concerning sneaker designs (U.S. District Court, Central District of California).
  • In the Matter of Trademark Application Serial No. 76/250,870 – Successfully represented applicant in opposition proceeding concerning trademark intent-to-use application for use in connection with alcoholic beverages (U.S. Patent & Trademark Office, Trademark Trial and Appeal Board).
  • Pharmavite Corp. v. Omega Nutrition, et al. – Obtained favorable result for client in trademark infringement action concerning health food products and multivitamins (U.S. District Court, Central District of California).
  • Primal Elements v. The Royal Soap Company – Obtained favorable result for client in trademark infringement action concerning designs of decorative soaps (U.S. District Court, Central District of California).
  • Alessio USA, Inc. v. Mobile Hi-Tech Wheels – Obtained favorable result for client in design patent infringement action concerning aluminum alloy wheel design (U.S. District Court, Central District of California).
  • Archives of Milton Greene v. The Movie Market, Inc. – Successfully represented client in copyright infringement action concerning commercial sale of photographs depicting Marilyn Monroe. (U.S. District Court, Central District of California).
  • Sexsea Inc v. Gadzooks Inc. – Obtained final judgment on the merits, including attorney’s fees, in copyright infringement action concerning commercial distribution and sale of infringing t-shirt designs through major U.S. retailers (U.S. District Court, Central District of California).
  • Rhodes v. E-Z Way Productions, Inc., et al. – Obtained favorable result for client in trademark infringement and right of publicity action concerning the Rhodes piano and the Rhodes Piano Method (Los Angeles Superior Court).
  • Kayne v. Authentic Fitness, Omni Nutraceuticals and Corel – Obtained favorable result for client in copyright infringement action concerning unauthorized use of photographs in catalogue and packaging (U.S. District Court, Central District of California).
  • California Lawyers Association Intellectual Property Law Section
Education

J.D., Quinnipiac University School of Law
B.A., University of Massachusetts (Amherst)

Bar Admissions

State Bar of California
State Bar of New York