Lindsay R. Edelstein

Associate
Admissions

New York

New Jersey

Lindsay R. Edelstein is an associate in the firm’s Litigation practice group where she represents clients in copyright, trademark, and other intellectual property and litigation matters. She regularly assists clients in trademark portfolio maintenance and enforcement before the U.S. Patent & Trademark Office, and in domain management via UDRP and other domain mechanisms.  Her trademark work includes drafting responses to office actions and helping analyze whether trademarks are available for use.

Prior to joining CDAS, Lindsay was a litigation associate in the New York office of Mound Cotton Wollan & Greengrass LLP, where she represented clients in commercial litigation matters in both federal and state courts.

Prior to law school, she spent several years working in the entertainment industry, including positions at the New York Post, Creative Artists Agency and on the Showtime series “Californication.”

Education

  • Benjamin N. Cardozo School of Law, JD
    • Cardozo Journal of International and Comparative Law, Staff Editor
    • Cardozo Indie Film Clinic, Student Advocate (provided legal counsel to filmmakers)
  • Emory University, BA

Publications

Briefs

Amicus brief on behalf of 13 artists’ rights organizations

  • Fourth Estate Public Benefit Corp. v. Wall-Street.com (interpretation of whether registration of a copyright claim “has been made” pursuant to Section 411(a) of the Copyright Act upon the filing of an application or upon the issuance of a registration certificate)

Speaking Engagements

  • “Rock of Aging: Music Artists Estates and Planning,” Moderator, CSUSA Mid- Winter Meeting (February 2, 2019)

Associations and Activities

  • New York City Bar Association, Copyright and Literary Property Committee (2018-2021)
  • Media Law Resource Center (MLRC), Member, Media, Copyright & Trademark Committee
  • Copyright Society of the USA (CSUSA)

Representative Matters

Copyright and Trademark Litigation

  • Successfully resolved or won dismissal of many photography claims against media companies, including procuring key rulings on statute of limitations and fair use.
  • Represented online travel booking website in trademark infringement action against competitor using website’s registered marks as search engine advertising keywords.
  • On motion to dismiss, defeated contract and trademark claims brought against large media company, and secured an award of costs and fees in favor of client.
  • Successfully enforced trademark and trade dress rights of top-selling card game creator against manufacturer of infringing game.
  • Following trial, procured favorable ruling on the appropriate damages calculation and the availability of attorney’s fees awards in copyright cases.

Digital Media, Media Defense, and Domain Name Disputes

  • Provided counseling and legal defense on behalf of various media organizations against copyright, trademark and defamation claims, including settlement negotiations and litigation defense.
  • Secured the transfer of infringing domain names from cybersquatters on behalf of music artists, television/film talent, photographers, game designers, and fashion designers through UDRP procedures.

General Media, Entertainment and Music Litigation and Counseling

  • Provided counseling and advice, and engaged in settlement negotiations on behalf of film, digital media and television producers in various contract disputes with co-producers, financiers, directors, editors, and talent in contract disputes with co-producers, financiers, directors, editors and talent.
  • Assisted musician seeking to recoup unpaid royalties for co-writing and performing on song featured in chart-topping album.

General IP Advice and Strategy

  • Conducting trademark searches, clearance, and risk assessments.
  • Registering trademarks with USPTO.
  • Applying to register copyrighted works with the Copyright Office and assisting clients in terminating grants or transfers of copyrights.
  • Providing counseling in connection with various copyright issues, including assessing public domain status of works, fair use of copyrighted works, and protectability of new works.

Awards

  • “New York Metro Rising Star,” Super Lawyers, 2018 and 2019