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Eleanor M. Lackman focuses on litigation and counseling in copyright, trademark, digital media, entertainment and other intellectual property and commercial matters. She has particular specialization in matters at the intersection of intellectual property and new technology, and in 2012 was named as a "Rising Star" by Super Lawyers® (New York Metro edition) for Intellectual Property Litigation.
Ms. Lackman’s litigation experience includes representing companies and individual clients in federal and state courts at all phases of litigation, from initial analysis through trial. Her intellectual property litigation practice encompasses domain name disputes under the UDRP and opposition and cancellation proceedings before the U.S. Patent & Trademark Office Trademark Trial and Appeal Board.
She also advises clients in the media, entertainment, technology, consumer products and luxury goods industries, on IP prosecution, brand strategy, licensing and enforcement matters, including anti-piracy, anti-counterfeiting and brand protection, as well as on matters relating to operations online, such as privacy, publicity and endorsements.
SPEAKING AND PRESENTATIONS
Ms. Lackman has been quoted on trademark and copyright matters in publications including Forbes, Variety and Law 360. She also is a frequent lecturer on intellectual property, media and technology issues.
Recent speaking engagements include:
- "Evaluating Risk When Using Trademarks in Motion Pictures and On Television," Roundtable Moderator, INTA Annual Meeting, May 5, 2013
- ".Music, .Tickets & Other New Top-Level Domains: Will New Top-Level Internet Domains Generate More Reward of More Litigation for Entertainment Industry Stakeholders?," NARM Entertainment & Technology Conference, February 28, 2013
- "Trending Topics in Data Collection and Targeted Marketing," Social Media Week (February 20, 2013) and IAB (January 23, 2013)
- "Look Before You Tweet (or Post or Pin): Copyright Enforcement (or Not) in Social Media," Copyright Society of the U.S.A., January 22, 2013
- "IP Licensing Issues," at the "IP in Business Transactions 2013" conference at the Practising Law Institute, January 3, 2013
- "TV or Not TV: Legal Challenges for Internet Video Services," 2012 Copyright & Technology Conference, December 5, 2012
- "Copyright Enforcement on the Edge," CMJ Music Marathon, 2012 Entertainment Business Law Seminar, October 19, 2012
- "What CMOs Need to Know about Patent, Copyright and Trademark Protection," ExecSense, May 24, 2012
- "Viacom v. YouTube, on the ‘Safe Harbor’ Provision of the DMCA," Law Seminars International, May 21, 2012
- "Best Practices in Social Media: Managing Your Brand While Keeping Your Loyal Fans," Roundtable, INTA Annual Meeting, May 7, 2012
- "Nets of Social Networks: Minimizing Legal Risk in Social Media" as part of Social Media Week 2012, February 16, 2012
- "The New Frontier: Clouds," North American Entertainment, Sports and Intellectual Property Law Conference, November 12, 2011
- "The Copyright Enforcement Wars: Is a Truce in Sight?" Copyright Society of the U.S.A. Mid-Winter Meeting, February 5, 2010
In addition to serving as a regular contributor to the CDAS IP, Entertainment and Media Law Blog , Ms. Lackman often writes for outside publications. Recent articles include:
- Co-Author, Practice Note: "Copyright Litigation: Injunctive Relief," Practical Law Company , April 2013
- Co-Author, Update to MLRC "Discovery Roadmap" (includes revisions for handling litigation in era of e-discovery), February 2013
- Decoding Rosetta Stone: Trademark Lessons and Unanswered Questions from the Fourth Circuit’s Decision Regarding Google’s Keyword Advertising Program , Bloomberg BNA’s Patent, Trademark & Copyright Journal , May 25, 2012
- Attorney-Client Privilege Under U.S. Law, INTA Bulletin , Vol. 66, No. 5, International Trademark Association, March 2011
- Factoring in the Public Interest: The Impact of eBay on Injunctive Relief in Copyright Cases, Bright Ideas (published by the New York State Bar Association’s IP Section), Winter 2010
ASSOCIATIONS AND ACTIVITIES
- Assistant Treasurer and Trustee, Copyright Society of the U.S.A.
- Internet Committee, International Trademark Association (INTA)
- Litigation Committee, Media Law Resource Center (MLRC)
- Board of Advisors, Fordham Center on Law and Information Policy
- Associate Member, National Academy of Recording Arts & Sciences
- Trademarks and Unfair Competition Committee, New York City Bar Association (2006-2009)
- Cowan DeBaets Abrahams & Sheppard LLP, 2011-Present
- Hogan Lovells US LLP, 2009-2011
- Arnold & Porter LLP, 2005-2009
- Loeb & Loeb LLP, 2003-2005
- New York
- U.S. District Courts for the Southern, Eastern and Northern Districts of New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Ninth Circuit
- Supreme Court of the United States
- J.D., Fordham University School of Law. Recipient of Hon. Milton Pollack Fellowship, Associate Editor of Intellectual Property, Media & Entertainment Law Journal
- A.B. Hon., magna cum laude, Rollins College
- Obtained preliminary injunction on behalf of film producer against contributor in declaratory judgment action on non-infringement and sole authorship copyright claim.
- Successfully defended against preliminary injunction motion brought by former employer against talent agent.
- Successfully obtained judgment from WIPO for graphic design company against domain name cybersquatter.
- Defending against numerous demands alleging publicity, trademark and copyright claims brought against clients in industries including photography, fashion, entertainment and media.
- Advising start-up and established companies and creators on domestic and international brand development, licensing and strategy.
- Successfully defended trademark infringement lawsuit against Academy Award-nominated animated film. (Handled prior to joining CDAS.)
- Obtained motion to dismiss copyright and trademark infringement claims brought by pinball machine manufacturer against major motion picture studio over set dressing in film. (Handled prior to joining CDAS.)
- Represented famous fashion brand in trademark and counterfeiting lawsuit against online retailer; nearly $2 million plus attorney’s fees awarded. (Handled prior to joining CDAS.)
- Represented litigants and amicus parties in complex copyright and trademark cases, including U.S. v. ASCAP (In re Yahoo!) (U.S. Sup. Ct., 2d Cir.); Cartoon Network LP v. CSC Holdings, Inc. ("Cablevision") (2d Cir., S.D.N.Y.); Tiffany (NJ) Inc. v. eBay Inc. (2d Cir., S.D.N.Y.); U.S. v. ASCAP (In re MobiTV) (2d Cir.); Capitol Records, Inc. v. Thomas (D. Minn.); Diarama Trading Co. v. J. Walter Thompson (2d Cir.); and Capitol Records, Inc. v. Naxos of America, Inc. (N.Y.S. Ct. of App.). (Handled prior to joining CDAS.)
(*Past results do not guarantee a future outcome.)