Find Lawyers in New York, United States for Litigation - Intellectual Property
Practice Area Overview
IP is protected by specific laws relating to patents, trademarks, copyrights, and trade secrets; these laws acknowledge an innovator’s ownership of his or her novel creation and give that innovator the exclusive right, for a defined period of time, to use and benefit from it.
Litigation of IP matters takes several forms. One involves patents, which cover inventions on designs and products, as well as the processes through which they are manufactured or used. Patent infringement refers to the unauthorized use of a patented invention, at which point litigation can arise. A “Hatch-Waxman” litigation is a particular kind of patent dispute involving generic versus brand pharmaceutical products and processes and infringement of the patent(s) covering these.
Trademarks and copyrights also can be infringed. A trademark can be a symbol, logo, word, sound, color, or name that identifies the source of a product and distinguishes it from that of others. Copyrights protect works of authorship, such as writings, music, and art. Copyrights and trademarks grant holders exclusive rights to use their works, and an unauthorized use can lead to litigation. Trade secrets are information that companies keep secret to give them an advantage over competitors. Misappropriation of trade secrets is a typical litigation scenario when such information is taken without authority.
Licensing disputes can arise that relate to any of these protections. A licensing agreement is essentially a contract between an IP rights owner and an entity authorized to use such rights, usually in exchange for an agreed upon fee or royalty. The extent to which parties do or do not follow the terms of that contract often engenders this type of litigation.
Other kinds of IP litigation can include variations of the above, including trademark dilution, “cybersquatting,” pirated and “knock-off” commercial goods, domain name disputes, domestic and foreign customs seizures, and unfair competition.
IP assets are a valuable foundation of any successful venture, so when unauthorized use occurs, disputes are bound to arise.
Greg Arovas has established a reputation as one of the top intellectual property litigation lawyers in New York. Greg has represented both plaintiffs and defendants in numerous high-profile patent and trade secret litigations, including cases for high-technology clients such as Intel, IBM, Samsung, Sony, Xerox, Lucent, Agere, Oracle, Siemens, Infineon, Xilinx, and KCI. Greg has tried numerous District Court and ITC cases to verdict involving a wide range of computer, software, communications ...
In the course of your career, you will likely face at least one legal dispute that you can't afford to lose but can't resolve without expert help. To manage the risk successfully, you will need to partner with someone who has the necessary experience, skill, and resources. Many people in your position seek to engage me to do just that. Read on to see why. Trial counsel People who should know have described me as an "incredibly gifted lawyer" (Chambers and Partners) who is "magic in the courtr...
Andrew Berdon is a partner in the New York Office of Quinn Emanuel Urquhart & Sullivan LLP. Andrew regularly handles complex commercial disputes for clients in the life sciences and other industries. Mr. Berdon regularly represents clients in complex litigation and arbitration matters relating to financial and strategic transactions, product development and marketing agreements, trade secrets, licensing, antitrust, and regulatory enforcement. Mr. Berdon has more than 30 years of experienc...
Toby M.J. Butterfield is a partner in Moses & Singer's Intellectual Property and Litigation groups. Mr. Butterfield has 25 years of experience litigating and counseling on copyright, trademark, defamation, software and digital media, and commercial matters. His clients include media and entertainment companies, motion picture and theater producers, major brand owners, technology companies and designers of luxury goods. His recent work includes successfully representing an "over the top" T...
Dale Cendali is a nationally recognized leader in the field of intellectual property litigation, having successfully litigated and tried numerous high-profile cases, and having argued before the U.S. Supreme Court. Her practice encompasses copyright, trademark, false advertising, patent, Internet, and trade secrets law, as well as defamation, the right of publicity, privacy, complex contract disputes and similar areas, including electronic discovery. Dale heads Kirkland’s Copyright, Tra...
Carlos Cucurella, a Barcelona native who practiced law in Spain, focuses on international IP and brand protection. He manages worldwide trademark portfolios and advises clients on international trademark clearance, registration, licensing, anti-counterfeiting, policing, and enforcement. He also represents and advises clients in domain name disputes, online enforcement, and social media. His work frequently includes counseling clients on complex trademark filing programs and multicountry oppos...
Marta Delsignore, previously a partner in Goodwin's IP Litigation practice, is currently Of Counsel, and practices in the field of patent law. She is a member of the firm’s Life Sciences Disputes group. Recognized as a “Life Sciences Star” by Euromoney’s LMG Life Sciences and Best Lawyers in America, she focuses primarily on providing patent opinions and related client counseling, and performs due diligence reviews of patent portfolios. In addition, Dr. Delsignore has ...
John M. Desmarais is the founding partner of Desmarais LLP. In 1988, after graduating from NYU Law School, Mr. Desmarais started his career at Fish & Neave. Then, after practicing in the area of intellectual property litigation and counseling for several years, he left private practice to serve as an Assistant United States Attorney in the Southern District of New York, where for three years (1992-1995) he tried criminal jury trials for the federal government. After leaving the government...
David Donahue brings the benefit of his extensive courtroom experience when advising clients on protection and enforcement issues relating to copyright, trademark, unfair competition, right of publicity, design patent, and related commercial matters. His commercial litigation experience also informs his approach to negotiating and drafting commercial agreements involving intellectual property matters. David’s deep litigation experience includes successes in federal and state trial and a...
Catherine M.C. Farrelly, formerly Catherine M. Clayton, is a partner and Co-Chair of the Trademark & Brand Management Group and is also a member of the firm’s Litigation Group. Ms. Farrelly is an internationally recognized leader in the field of trademark law who advises some of the world’s leading brands on intellectual property matters. She helps her clients plan strategies, manage trademark portfolios, and protect trademarks and other IP in the US and world markets. She rep...
Lydia Gobena’s passion for creativity permeates her broad global practice with innovative strategies for acquiring, enforcing, and assigning international intellectual property rights. From counseling clients on international trademark, industrial design, copyright, and unfair competition issues to litigating international and multicountry conflicts, Lydia gets results for her clients, including protection of nontraditional trademarks such as single colors and sound. Lydia has champione...
Few U.S.-based lawyers know more about global trademark strategies and managing global trademark conflicts than Nadine Jacobson, who has searched, cleared for use, and prosecuted for registration thousands of trademarks of all types globally. Nadine has also litigated and defended hundreds of international Opposition and Cancellation proceedings as well as infringement actions around the world. She registers and defends design patents and industrial designs in various countries, including tho...
J. Christopher Jensen is a litigation partner in the firm of Cowan, Liebowitz & Latman, P.C., a commercial and intellectual property law firm in New York City. Mr. Jensen’s practice consists primarily of the litigation and trial of commercial and intellectual property cases. Prior to joining Cowan, Liebowitz & Latman, Mr. Jensen served for several years as Chief of the Civil Division in the United States Attorney’s Office in the Eastern District of New York. In 1976, he re...
Few trademark and copyright litigators are as successful and well-known as Richard Lehv. For more than 40 years, he has handled cases involving trademark, copyright, trade dress infringement, and comparative and false advertising, including some of the most-cited cases in these fields. And because adversaries know of Richard’s experience and reputation, he often is able to resolve contentious matters quickly and favorably, without extensive litigation. Richard has deep experience using ...
Craig Mende’s unique, broad practice spans trial and appellate litigation, complex transactional work, and client counseling – all relating to different aspects of intellectual property, including copyrights, trademarks, right of publicity, and diverse new media issues. Perhaps most importantly, Craig provides sought-after counsel to clients seeking answers to new kinds of questions, frequently involving rebranding and innovative uses of social media, including issues with celebri...
Tim’s extensive experience includes patent office litigation matters such as patent interference proceedings, Inter Partes Review and reexamination proceedings. He has shaped and executed winning strategies in patent litigations. In helping clients achieve their business goals, Tim devises strategies for maximizing the value of patent portfolios for litigation, licensing or acquisition. He develops and implements strategies for protecting his clients’ key technologies and for avoi...
An experienced litigator, Laura tries cases in federal and state trial and appellate courts across the country in matters relating to copyright, trademark, unfair competition, right of publicity, and represents clients in inter partes proceedings before the USPTO’s Trademark Trial and Appeal Board. She also provides strategic advice to clients on diverse intellectual property issues and negotiates and drafts IP agreements, including license and coexistence agreements. Laura represents c...
Marc Rachman, a partner in the Litigation + Dispute Resolution and Intellectual Property + Media Practice Groups, focuses on intellectual property (IP) counseling and litigation, advertising disputes and challenges, and complex commercial disputes. Marc’s experience spans the full range of IP, including trademark, copyright, false advertising, rights of publicity, trade secret and patent infringement disputes. He helps clients of all sizes assess, protect and optimize the value of their...
Claudia Ray is a partner in Kirkland’s New York office and a member of the Firm’s IP Department. She represents clients across a wide range of industries, including entertainment and media, financial services, technology, and consumer products, in litigation, arbitration, and administrative proceedings involving copyright, trademark, Internet, contract/licensing, and trade secret issues. Claudia also advises clients on pre-litigation issues, IP issues arising out of corporate tran...
Allison Strickland Ricketts has deep experience in evaluating the availability of proposed new trademarks, developing strategies to remove obstacles to adoption and registration of trademarks, and creating strong trademark rights that her clients can use and register with confidence. She has reviewed and evaluated thousands of trademark clearance searches, and has filed and prosecuted more than 2,000 U.S. trademark applications. Allison also maintains protection for older registrations in com...
Edward H. Rosenthal is Chair of the firm’s Intellectual Property Group. He focuses on intellectual property litigation, emphasizing trademark, copyright, right of publicity, entertainment, advertising, and commercial disputes. Mr. Rosenthal counsels clients on the thorny issues concerning termination of grants of copyrights, and conducts prepublication review of books, articles, television programs, motion pictures, and other materials. His clients include businesses and individuals in ...
Joshua Simmons is a well-established and nationally recognized appellate and trial court litigator, who has been lauded as an “exceptional,” “forceful,” and “creative” “brainiac” ( Chambers ), “Top Attorney” ( Law360 ), and “big-picture thought leader” ( WTR ). This “Intellectual Property Superhero” ( CLS ) has been named one of the “500 leading litigators in America” ( Lawdragon ) for his wins in ...
Barry Slotnick is a nationally recognized intellectual property litigator who represents high-profile clients in the music and entertainment industries, as well as major brands across the advertising, licensing and merchandising sectors. Barry has litigated scores of copyright infringement cases in courts throughout the United States, as well as numerous disputes addressing the respective rights of copyright and trademark owners and users, including rights of privacy and publicity. His client...
Barbara A. Solomon works with iconic brands across diverse industries to protect and enforce their valuable IP assets. Her pragmatic and business-focused approach, coupled with a clear understanding of her clients’ business and their ultimate goal, is what keeps clients coming back – they appreciate her deft ability to achieve desired results through strategic negotiation. When litigation is necessary, clients know that Barbara has achieved many successes in trial and appellate co...
James Weinberger is an accomplished litigator who excels at developing strategies to help clients protect, enforce, and manage their brands and copyrightable content. For clients including global and national brands, James advises on copyright, trademark, and trade dress infringement, as well as unfair competition, false advertising, trademark dilution, right of publicity, First Amendment, and internet-related matters. James seeks remedies for clients through federal and state court litigatio...
Maura J. Wogan is a partner and Co-Chair of the Litigation Group at Frankfurt Kurnit Klein & Selz with over 30 years of experience in all aspects of sophisticated intellectual property law, including litigation, counseling, and pre-publication review of content in all media. Ms. Wogan focuses on litigation of copyright , trademark , right of publicity , defamation and entertainment matters. Her clients include media companies (both traditional and online publishers ), filmmakers, televisi...
Jonathan Zavin is a commercial litigator and intellectual property attorney with extensive experience in intellectual property matters, and has litigated scores of copyright and trademark cases. He has also advised major film studios, producers, recording companies and publishing companies on transactions in the entertainment and new media industries. Jonathan’s commercial litigation background has been in areas as diverse as securities litigation (including Rule 10b-5 and RICO claims),...
Taeg Sang (Tim) Cho is a partner of Desmarais LLP where he focuses on handling technology-focused complex patent disputes, including contested matters before the Patent Trial and Appeal Board (PTAB), federal district courts, and the Court of Appeals for the Federal Circuit. He has served as lead counsel in several IPR proceedings that successfully invalidated patents asserted in concurrent district court litigations; and he has also successfully litigated patent cases involving a wide range o...
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