COPYRIGHT

• Represented advertising/media/brand metrics consulting firm in various joint venture, license, and software development agreements
• Represented games developer in contracts with CBS for development of ARG and online game and with MTV for development of series of online games
• Advised national non-profit concerning use of images in educational audiovisual program
• Advised documentary producer concerning fair use of news clips in film
• Represented scientist in refuting copyright infringement claims by co-founders of company with respect to scientific book authored by client
• Advised client about potential liability for two software copyright infringement claims by former employees
• Represented distributor of jewelry components in copyright infringement suit by manufacturer*
• Registered style guides for copyright to protect rights in characters that appear only as illustrations in books (and not as trademarks on products)
• Advised publishing client whether company consisting of former employees was infringing copyright in client's advertising materials
• Advised non-profit organization about copyrights in writings of well-known mystic/author
• Represented defendants in file-sharing suits by Recording Industry Association of America

TRADEMARK

• Helped French company obtain federal trademark protection for a geographical name based on acquired distinctiveness
• Representing two global digital music companies in clearing and registering new trademarks domestically and internationally and in policing infringement
• Successfully represented digital music company in domain-name dispute
• Represented media advisory firm in cancellation proceeding concerning its company name
• Overcame mere descriptiveness objections against trademark applications for magazine titles filed by client by successfully showing that the titles had acquired secondary meaning
• Overcame geographic descriptiveness objection for the mark NANTUCKET CHICKS
• Conducted trademark clearance for new record label, sports drink, design magazine title, line of women's merchandise, series of nostalgia books, continuing medical education services, women's apparel line, lost item return service, and online auction service
• Conducted trademark clearance and successfully prosecuted applications for trademarks for line of children's books and merchandise
• Represented non-profit athletic organization against trademark infringement claims by global consumer products company
• Obtained service-mark registrations throughout Latin America for investment advisory firm

LICENSING

• Advised database publisher in negotiations to license data to Bloomberg
• Drafted and negotiated data licenses for database publisher
• Drafted and negotiated DVD production and distribution agreements for publisher of healthcare programs
• Drafted licensing agreements for use of content from client's U.S. professional publications in Latin American, Spanish, Lebanese, Russian, and other international editions, in print and online
• Represented publisher client in negotiations concerning publication of United States edition of UK journal
• Drafted license agreement for use of Russian content in American edition of Russian publication
• Drafted license for translation of national non-profit content into Arabic for distribution in the Middle East
• Rights clearance for paperback edition of nationally acclaimed trade book

PUBLISHING

• Representing well-known children’s book author and illustrator in negotiations with publisher concerning exploitation of electronic multimedia rights
• Representing estate of deceased academic author with respect to publication of new volume of her works
• Representing literary agent in negotiations with former client over commissions still due
• Represented author in negotiations for publication of two works by McGraw-Hill
• Represented new publishing company whose principal also serves as a co-author in development of publisher and co-author agreements
• Represented established romance novelist in securing reversions of rights and in negotiations with E-Reads for exploitation of those rights
• Represented publisher of new legal periodical with respect to various publication contracts, privacy policy, and other matters
• Conducted pre-publication review of manuscript for non-profit organization
• Advised literary agent concerning possible ways to mitigate risk where author could not go back and obtain permissions from people mentioned in non-fiction book
• Drafted license agreement for online publisher of customized textbook materials
• Represented publisher in dispute with author
• Advised start-up online law publication concerning publishing, copyright, terms of use, and other issues
• Negotiated book publishing agreement and prepared contribution and related agreements for "Smithsonian Baseball: Inside the World's Private Collections" by Stephen T. Wong (HarperCollins 2005) and children's edition (2007)
• Negotiated book publishing agreement and advised on copyright, permissions, and related issues with respect to "The Country Houses of David Adler" (W.W. Norton & Company 2001), "Francis Elkins: Interior Design" (W.W. Norton & Company 2005), and Michael Taylor: Interior Design (W.W. Norton & Company 2009) by Stephen M. Salny
• Negotiated two-book publishing agreement with major trade publisher on behalf of prominent author/illustrator
• Represented attorneys in negotiations with treatise publisher
• Negotiated settlement of dispute among co-authors of health/nutrition book including resolution of issues in the publishing agreement related to client's right to sell the book over the Internet
• Drafted collaboration agreements between authors and ghostwriters of business and medical books
• Conducted prepublication reviews of books on various subjects for trade publishers
• Advised publisher about securing reversion of rights in work that it wanted to publish, from the original publisher
• Drafted and negotiated joint venture agreement for publication of new design magazine, Array (www.arrayny.com), based on publisher's original business model
• Represented author in dispute with publisher, resulting in rescission of purported termination of publishing agreement
• Prepared author contribution agreements for various publications with different kinds of author arrangements and relationships

ADVERTISING/MARKETING

• Advised international technology company about use of slogan in new advertising campaign
• Advised international technology company concerning false advertising claims
• Advised prominent non-profit organization about use of photograph in advertising campaign
• Advised manufacturing company concerning application of charitable solicitation statutes to planned advertising campaign
• Advised clients about how to comply with junk fax and e-mail laws
• Advised client how to structure trade show contests to avoid liability
• Drafted sweepstakes rules and reviewed collateral materials for compliance

INTERNET/NEW MEDIA

• Represented many clients in licensing of new media rights (see above under copyright and publishing)
• Drafted Web site terms of use and online privacy policies for Web sites in various fields (e.g., physician search, jewelry auction, professional networking, job posting, online magazine subscription)

* with litigation counsel