Practice Description
Trademark and copyright counseling; managing U.S. trademark portfolios for major companies in electronics, toys, video games, cosmetics, pharmaceuticals, chemicals, automobiles, apparel, beverages, banking 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.
Education:
Cornell University (B.A., History, with distinction, 1974); Harvard Law School (J.D., 1977).
Professional Activities
Speaker: Frequent lecturer on trademark issues.
Honors:
Recognized as one of "America's top 25 pre-eminent trademark practitioners" in Euromoney's 2009 Best of the Best USA guide; Included in Who's Who Legal - Trademarks; Recognized in the 2008 edition of Guide to the World's Leading Trade Mark Law Practitioners, published by Euromoney Legal Media Group; Recognized as a copyright specialist in the 2006-2007 edition of the Legal 500 US Guide.
Admissions
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
Interlego AG v. Abrams/Gentile Entertainment Inc., 63 U.S.P.Q. 2d 1862 (T.T.A.B. 2002)
Jimmy Buffett v. Chi-Chi's, Inc., 226 U.S. P.Q. 428 (T.T.A.B. 1985)
Estee Lauder, Inc. v. Cinnabar 2000 Haircutters, Inc., 218 U.S. P.Q. 191 (S.D.N.Y. 1982)
Columbia Pictures Industries, Inc. v. Miller, 211 U.S.P.Q. 816 (T.T.A.B. 1981)
Published Works
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
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Functionality of Trade Dress: A Recent Case and a Proposed Analysis
71 Trademark Reporter 252, 1981
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Anti-Dilution Laws Give Plaintiffs Powerful Weapon Against Copiers
National Law Journal, 1983
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Toward Proposed Use: New Cases Liberalizing U.S. Trademark Application Requirements
2 Intellectual Property Journal 115, 1985
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Intent-to-Use and Other New Trademark Act Amendments
4 Intellectual Property Journal 369, 1989
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When Should Post-sale Confusion Prevent Use or Registration of Marks?
81 Trademark Reporter 267, 1991
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Policing Gray Goods in the U.S.- If Trademark Remedies Fail, Try Copyright
Co-Author with Susan Amster, 1 Intellectual Property 43, 1994
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Splitting a U.S. Mark
Thomson & Thomson Client Times, Spring 1999
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Solvable Problems of Madrid Protocol Implementation in the U.S.
Trademark World, April 2001
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Madrid Protocol Basics and U.S. Practice for Non-U.S. Trademark Owners
2003
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U.S. Law Chapter in Treatise, Famous and Well-Known Marks: An International Analysis
INTA 2004
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Do I Need A License To Make This Toy?
Playthings, February 2006
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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
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