Theresa House is a seasoned litigator with a focus on media and intellectual property law. She has devoted her career to advising and protecting the First Amendment and intellectual property rights of her clients principally in the news, entertainment, and technology industries.
Her experience advising includes the following principal areas:
- Copyright/Fair Use/Anti-Piracy. Advising media and tech clients on their rights to make fair use of copyrighted works including artificial intelligence training materials, parody as used in entertainment programs, and commentary in the context of news, nonfiction works, and technology platforms; defending against DMCA claims; successfully defending against infringement claims brought against major motion picture companies for visual and textual works based on lack of substantial similarity and independent creation; and advising television and radio networks, regarding anti-piracy issues, including disputes relating to unauthorized streaming.
- First Amendment/Free Speech. Routinely responding to legal letters asserting defamation, libel, and privacy claims and persuading would-be plaintiffs not to resort to litigation; successfully defending against such claims in court and before regulators, both in the U.S. and abroad, resulting in precedential decisions protecting free speech, opinion, and commentary; and advising/litigating issues related to attempts by government officials to regulate, retaliate against, and censor speech. Also successfully defending against and giving advice regarding subpoenas and other legal process seeking confidential and non-confidential newsgathering information, including demands for reporter notes, outtakes, testimony, anonymous subscriber information, and electronic devices in both the news and docuseries/reality show context—notably defending against a subpoena seeking to unmask a group of anonymous individuals who reported #MeToo allegations; and winning a precedential New York Court of Appeals decision protecting an investigative journalist from being compelled to reveal confidential newsgathering sourcing in the murder trial of Batman-killer James Holmes.
- Trademark. Providing all aspects of trademark and design protection, advising on U.S. and global trademark portfolio strategy, prosecution, and management, and representing clients in opposition and cancellation proceedings before the U.S. Trademark Trial & Appeal Board. She advises the world's leading internet/technology and automotive companies on their array of trademarks, including conducting over 1,000 on-demand global trademark clearance searches and analyses, issuing and negotiating cease and desist demands that were successfully resolved without formal legal proceedings, prosecuting trademark applications and responding to Office Actions from the U.S. Patent and Trademark Office, and litigating opposition proceedings.
Experience
- Protecting a journalist from having to reveal confidential sources in a high-profile criminal case, making new law before the NY Court of Appeals.
- Successfully representing a major cable news network and its employees in defending the first known defamation claim based on alleged "fake news," in a victory that was affirmed on appeal.
- Counseling a media/information company in conducting a high-profile review of data privacy and security practices on a highly compressed timetable.
- Successfully defending against a subpoena seeking to unmask a group of anonymous individuals who reported #MeToo allegations.
- Convincing a local state government not to censor a concert at a high-volume venue based on public statements by a world-famous rock musician.
- Successfully persuaded the U.S. Trademark Office to recognize trademark protection for open-source computer software.
- Trademark clearance and enforcement advice for global trademark portfolio of leading internet and technology company.
- Advising Fortune 500 companies on branding issues, including prosecution of trademark registrations and conducting over 1,000 on-demand global trademark clearance searches and analyses.
- Successfully persuading, without resorting to litigation, multiple news aggregator sites to cease republishing video, radio, and brand content belonging to our client.
- Successfully defending a group of global entertainment companies against a copyright claim based on allegations of copying in popular superhero movie franchises and related properties.
- Winning dismissal of copyright infringement claims against entertainment company based on a popular book series and defending the victory on appeal.
Perspectives
February 6, 2025
Has Fair Use Been Decimated?: The New Frontier Since Warhol
Moderator, ABA 30th Annual Conference of the Forum on Communications Law
February 5, 2025
WTR 1000 2025 Recognizes Arnold & Porter’s Trademark Capabilities
June 13, 2024
Trademarks and Copyrights: Where We’ve Been and What We’re Watching in 2024
Arnold & Porter Webinar
More
Recognition
World Trademark Review 1000
Prosecution and Strategy (NY) (2021-2025)
New York Super Lawyers
"Rising Star"—Media and Advertising, Intellectual Property Litigation (2015–2022)
The Legal 500 US
Intellectual Property: Copyright (2019–2022)
Intellectual Property: Trademarks—Litigation (2019)
Intellectual Property: Trademarks—Litigation (2019)
Credentials
Education
- J.D., Harvard Law School
- B.A., Harvard University, magna cum laude
Admissions
- New York
- New Jersey
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, District of New Jersey
Activities
- Co-Chair, Privacy and Data Security Committee, American Bar Association Section of Litigation (2015-2017)
- Co-Chair, Trial Practice Committee, American Bar Association Section of Litigation (2012-2015)
- Vice Chair, Trial Practice Committee, American Bar Association Section of Litigation (2011-2012)
- Member, Association of the Bar of the City of New York, Committee on Media and Communications Law
- Member, Media Law Resource Center Defense Counsel Section, International Media Law Committee and Pre-Publication Review Committee
- Member, New York State Bar Association