Mr. Fountain concentrates his practice in intellectual property litigation, entertainment law and commercial litigation.
He has appeared in hundreds of intellectual property cases pending in the United States District Court for the District of Nevada. A large portion of his practice is devoted to obtaining orders for the seizure of counterfeit goods displayed at Las Vegas tradeshows, such as CES, SEMA, Magic, the National Hardware Show, and the World Show Association tradeshow. His practice also includes prosecuting and defending trademark, patent, and copyright infringement cases as well as domain name and cybersquatting actions.
Mr. Fountain received his J.D. from the
University of Michigan Law School in 2001 and his B.A., cum laude, from the University of Nevada—Las Vegas in 1998. He is
licensed to practice in Nevada and Michigan.
Mr. Fountain litigates intellectual property and commercial
cases in the federal and state courts, including, the following:
Counterfeit and Infringing Goods Displayed at Las Vegas Tradeshows:
- Nike, Inc. v. Fujian
Jialiameng Shoes Co., Ltd. et al., No. 17-00516 (D. Nev.) (obtained and
executed order to seize counterfeit Nike® brand shoes from counterfeiter at the
2017 World Shoe Association trade show).
- Aker Biomarine
Antarctic v. Luhua Biomarine (Shandong) Co., Ltd., No. 16-02314 (D. Nev.) (obtained
and executed order to seize counterfeit Krill oil products from counterfeiter
at the 2016 SupplySide West trade show).
- Toyo Tire and Rubber
Co., Ltd. et al. v. Kabusikiki Kaisha Tokyo Nihoon Rubber Corp. et al., No.
14-01847 (D. Nev.) (obtained and executed order to seize counterfeit TOYO®
brand tires from counterfeiter at the 2014 SEMA trade show).
- SATA GmbH & Co. KG
v. Wenzhou T&E Indus. Co., Ltd. et al., No. 13-02042 (D. Nev.)
(obtained and executed order to seize infringing paint spray guns at the 2013
SEMA trade show).
- Lifetime Prods., Inc.
v. Ningbo Wanxiang Plastic Prods. Co., Ltd. et al., No. 09-0802 (D. Nev.)
(obtained and executed order to seize infringing tables displayed at the 2009
National Hardware Show).
- CG Tech. Development,
LLC et al. v. DraftKings, Inc., No. 16-00781 (D. Nev.) (local counsel for
DraftKings in multi-party, multi-patent infringement action; obtained TC Heartland transfer of action to the
District of Delaware).
- Voip-Pal.com, Inc. v.
Apple Inc., No. 16-00260 (D. Nev.) (local counsel for Apple in patent
- Bravo Co. USA, Inc. v.
Badger Ordnance LLC, et al., No. 14-00387 (D. Nev.) (local counsel for firearms
manufacturer in patent infringement action).
- Rockwell Automation,
Inc. v. Beckhoff Automation LLC et al., No. 13-01616 (D. Nev.) (local
counsel for Rockwell; obtained preliminary injunction against competitor’s
display of infringing linear motor conveyor system at tradeshow).
- Unwired Planet, LLC v.
Apple Inc., No. 12-00505 (D. Nev.) (local counsel for Apple in patent
infringement action; obtained transfer of action to the Northern District of
- Morton’s of Chicago,
Inc. v. A Morton Brothers Joint Mgm’t, LLC, No. 17-01043 (D. Nev.) (defended
restaurant owners in trademark dispute over use of the MORTON’S trademarks in
connection with a steak restaurant).
- Univ. of Texas v.
NantHealth, Inc. et al., No. 16-03155 (S.D. Tex.) (represented healthcare
companies in defense of trademark infringement action over use of the MOONSHOT
mark for cancer treatment and fundraising services).
- Tovey v. Nike, Inc. et
al., No. 12-00448 (N.D. Ohio) (obtained summary judgment and exclusion of
expert report for Nike in defense of trademark infringement action alleging
infringement of the BOOMYO! designation).
- Société des Bains de
Mer et du Cercle des Etrangers à Monaco v. MGM MIRAGE, et al., No.08-03157 (S.D.N.Y.) (defense of MGM MIRAGE in trademark
infringement action based on use of the MONTE CARLO mark in connection with the
Monte Carlo Resort & Casino on the Las Vegas Strip).
- NNG Kft. v. Universal
Elec., Inc., No. 16-03644 (S.D. Tex.) (prosecuted software developer’s copyright,
DMCA, and related claims against distributor of automobile in-dash navigation devices).
- HDMI Licensing, LLC v.
One Diamond Elec., Inc. et al., No. 16-00879 (S.D. Cal.) (represented
technology licensing company in copyright infringement action based on
defendants’ alleged manufacture and sales of unlicensed televisions in Mexico).
- MGM Grand Hotel, LLC
v. Donald Sultan, et al., No. 10-01574 (D. Nev.) (defense of resort
hotel-casino in action alleging infringement of copyrights in decorative
- Soroush Designer Rugs
& Carpet Collection, Inc. v. MGM MIRAGE et al., No. 08-02579 (D. Md.) (defense of resort hotel-casino in action alleging
infringement of copyrights in carpet designs).
Internet and Domain
Name (i.e., Cybersquatting) Litigation:
- MGM Resorts Int’l v.
Registrant of Livemgm.com, No. 17-00695 (D. Nev.) (obtained temporary restraining
and preliminary injunction orders disabling website unlawfully using the MGM trademark
on the homepage of an online casino).
- Las Vegas Sands Corp.
v. First Cagayan Leisure & Resort Corp. et al., No. 14-00424 (D. Nev.) (obtained
order disabling websites unlawfully using the SANDS trademark on the homepages
of online casinos).
- MGM Resorts Int’l
Operations, Inc. v. Kolahzadeh, No. 11-01929 (D. Nev.) (prosecuted resort
hotel-casino’s cybersquatting claims against registrants of online poker
- CPAlead, LLC v.
Adeptive Ads, LLC et al., No. 14-01449 (D. Nev.) (prosecuted trade secret
misappropriation and other claims against competitor and former Chief Technology
Officer of Internet advertising company).
- Front Row Sports v.
Park Avenue Wholesale, Inc., No. 07-01380 (D. Nev.) (obtained favorable jury
verdict in action against distributor of counterfeit Major League Baseball
- Shapiro v. Plante
& Moran, LLP, No. 02-04725 (Bankr. E.D. Mich.) (obtained dismissal of
all claims against accounting firm with prejudice after 3-week jury trial).
- Compuware Corp. v. IBM,
No. 02-70906 (E.D. Mich.) (local counsel to Cravath, Swaine & Moore LLP and
trial team member representing IBM in antitrust and copyright infringement action
regarding alleged unlawful tying of software to mainframe computer sales).
Employment, and Antitrust Litigation:
- CCP Global, Inc. v.
Aria Casino et al., No. 16-04604 (D. Ct., Johnson Cty., Kan.) (obtained dismissal of breach of contract action for lack of personal
jurisdiction over Las Vegas-based resort hotel-casino and parent corporation).
- Battalion Chief
Grandchildren’s Fund et al. v. Lowden et al., No. 15-02299 (D. Nev.)
(obtained dismissal of action alleging direct and derivative claims based on
plaintiffs’ alleged loss of investment in nightclub and bar).
- Bentley Industries,
Inc. v. Longevity Network, LLC, No. 12-01067 (D. Nev.) (defense of breach
of contract action by asserting champerty defense and prosecution of legal
malpractice and other counterclaims).
- American Family Mut.
Ins. Co. v. Canada Lytle Agency, Inc. et al., No. A549435 (Eighth Jud.
Dist. Ct., Clark County, Nev.) (defense of American Family in terminated agent
- Cardinal Health 414,
Inc. v. Biotech, Inc., No. 03-00472 (D. Nev.) (prosecuted copyright
infringement and antitrust counterclaims in action alleging unlawful tying of
nuclear medicine practice management software to prescription