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Lawyer Detail

David W. Ehrlich

Practice Description
Trademark and copyright counseling; managing U.S. trademark portfolios for major companies in electronics, toys, video games, cosmetics, pharmaceuticals, chemicals, apparel, beverages, and other fields; trademark clearance and searching; prosecuting U.S. trademark applications; litigation of trademark appeals, opposition and cancellation proceedings; due diligence; infringement claims involving trademarks, copyrights, trade dress and celebrity names and images; negotiating and drafting license agreements and security agreements; recordation of trademarks and copyrights with U.S. Customs.

Cornell University (B.A., History, with distinction, 1974); Harvard Law School (J.D., 1977).

Professional Activities
Writer: Frequent writing on trademark issues.

Who’s Who Legal: Trademarks, 2016-2017;
Legal 500, 2015 — recognized as one of the "Leading Lawyers" for non-contentious U.S. trademark work;
World Trademark Review (WTR) 1000, 2015 — The World's Leading Trademark Professionals;
Super Lawyers®, Intellectual Property, 2008-2018;
Euromoney's Best of the Best USA guide, 2009 — named as one of "America's top 25 pre-eminent trademark practitioners”

New York State
United States Courts of Appeals for the Second and Federal Circuits
United States District Courts for the Southern and Eastern Districts of New York

Selected Cases

63 U.S.P.Q. 2d 1862 (T.T.A.B. 2002)

We represented Interlego AG, Kirkbi AG and LEGO Systems, Inc. (all part of the famous LEGO toy company), in an opposition against a U.S. trademark application for MEGO for toys. In finding for our clients, the TTAB held confusion likely, especially since "LEGO is one of the most famous toy marks in the United States." The TTAB rejected the applicant's argument that previous co-existence between LEGO and a prior party's MEGO trademark for toys, allegedly without confusion, proved that confusion was not likely today.

226 U.S.P.Q. 428 (T.T.A.B. 1985)

In an often-cited case that expanded the boundaries of law prohibiting registration of marks that falsely designate a connection with a person, we persuaded the Board that Jimmy Buffett's famous song title MARGARITAVILLE was equivalent to his nickname and could be a basis to prevent registration of MARGARITAVILLE as a slogan for restaurant services by a third party.

218 U.S.P.Q. 191 ( S.D.N.Y. 1982)

In the first case to grant preliminary injunctive relief and summary judgement solely on the basis of New York State anti-dilution law, the name CINNABAR 2000 for a hair salon was enjoined as dilutive of Estee Lauder's well-known CINNABAR mark for fragrance products. 

Published Works

Trademark Trial and Appeal Board: In Unusual Circumstances, TTAB Rejects A Coexistence Agreement (Consent to Registration)

Mondaq, June 10, 2016.

False Advertising: No FDA Preemption in Pom v. Coca-Cola

Mondaq, October 9, 2014.

Lexis Practice Advisor® (2013)

Contributor to Lexis Practice Advisor® (2013)sections on trademarks.

Small uses, big rewards.

Managing IP June 2011, also published online in Mondaq as "Maintaining U.S. Trademark Registrations: Small Uses by Foreign Owners Sufficient" (2014)

Trade Mark Warranties in M & A Transactions

This article was published in The Journal of IP Law & Practice, August 2008, and in Wall Street Lawyer, October 2007

Do I Need A License To Make This Toy?

Playthings, February 2006

U.S. Law Chapter in Treatise, Famous and Well-Known Marks: An International Analysis

INTA 2004

Madrid Protocol Basics and U.S. Practice for Non-U.S. Trademark Owners


Solvable Problems of Madrid Protocol Implementation in the U.S.

Trademark World, April 2001

Splitting a U.S. Mark

Thomson & Thomson Client Times, Spring 1999

Policing Gray Goods in the U.S.- If Trademark Remedies Fail, Try Copyright

Co-Author with Susan Amster, 1 Intellectual Property 43, 1994

When Should Post-sale Confusion Prevent Use or Registration of Marks?

81 Trademark Reporter 267, 1991

Intent-to-Use and Other New Trademark Act Amendments

4 Intellectual Property Journal 369, 1989

Toward Proposed Use: New Cases Liberalizing U.S. Trademark Application Requirements

2 Intellectual Property Journal 115, 1985

Anti-Dilution Laws Give Plaintiffs Powerful Weapon Against Copiers

National Law Journal, 1983

Functionality of Trade Dress: A Recent Case and a Proposed Analysis

71 Trademark Reporter 252, 1981

Franchisor Tort Liability: Minimizing the Potential Liability of a Franchisor for a Franchisee's Torts

Co-author with William M. Borchard, 69 Trademark Reporter 109, 1979