Mr. Glancy is an intellectual property litigator. He has litigated cases involving trademarks, copyrights, patents, trade secrets, and false advertising. He has extensive experience in Hatch-Waxman patent litigation. He also counsels clients on data privacy law and a variety of internet-related issues. He has represented clients in the pharmaceutical, music, television, sports, ecommerce, publishing, automotive, and telecommunications industries.
Representative litigations include:
- Representation of credit reporting agency Experian in a trademark infringement, false advertising and antitrust litigation brought by Fair Isaac Corporation in the District of Minnesota. The court granted our client's motion for summary judgment dismissing Fair Isaac's false advertising and antitrust claims. We then prevailed at trial, with the jury finding that Fair Isaac's alleged trademark in its scoring scale "300-850" did not acquire secondary meaning and that Fair Isaac committed fraud on the Trademark Office in procuring its registration. Separately, the court ruled that Fair Isaac had failed to prove that our client's purchase of Fair Isaac's trademarks as search engine keywords infringed those marks. The Eighth Circuit recently affirmed.
- Representation of ASCAP in a rate proceeding to determine reasonable license fees to be paid by AOL, RealNetworks and Yahoo! for the right to perform millions of musical works created and owned by ASCAP's songwriter, composer and music publisher members. In this case of first impression, the district court adopted ASCAP's proposed license structure, rejected the structure proposed by the Applicants, and awarded ASCAP most of the license fees it had requested. The Second Circuit recently vacated and remanded for further proceedings.
- Representation of Sandoz in an ANDA patent litigation concerning its generic drug Ribavirin. The court adopted our claim construction and granted summary judgment of noninfringement.
- Representation of a major pharmaceutical company in a complex trade secret misappropriation case before the International Trade Commission.
- Representation of the Russian television network NTV in a trademark infringement action against a former U.S. licensee of the network. After we moved for a preliminary injunction, the case promptly settled on favorable terms.
- Representation of Discovery Communications in a trademark infringement action concerning its famous mark THE LEARNING CHANNEL. After we precluded plaintiff's survey expert, the case promptly settled on favorable terms.
- Representation of ESPN in a trademark action in federal court in Washington concerning the network's TV series, Playmakers. The district court granted our motion for summary judgment of noninfringement, which was affirmed by the Ninth Circuit.
- Representation of Trek 2000, the inventor of the ThumbDrive®-brand USB flash drive, before the Trademark Trial and Appeal Board. The Board overturned the examiner's genericness refusal and allowed our client's mark to register.
- Representation of ESPN in a trademark action concerning its action sports competition, the X GAMES. After we moved for a temporary restraining order and a preliminary injunction, the case promptly settled on favorable terms.
- Representation of The Thomson Corporation in an action for declaratory judgment that its medication guide PDR MONTHLY PRESCRIBING GUIDE did not infringe a competitor's mark. We successfully defeated the competitor's motion for a preliminary injunction.
- Representation of Verizon and Verizon Wireless in separate, multi-party federal patent infringement actions pending in federal court in Pennsylvania concerning certain call-blocking technology.
- Representation of Verizon Wireless in false advertising disputes against AT&T Mobility in federal court. The case concerned both parties' advertising claims regarding network coverage, quality and reliability.
Bars and Courts
New York State Bar
US District Court for the Southern District of New York
US Court of Appeals for the Federal Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Eighth Circuit
US Supreme Court
JD, New York University School of Law, cum laude, Executive Editor, Annual Survey of American Law, 1995
BA, Rutgers University, 1985
Professional Associations and Memberships
American Bar Association, Intellectual Property Section
New York State Bar Association, Intellectual Property Section
International Trademark Association
Co-author, "A Survey of 2010 Dilution Cases: Comparison of the Standard Used to Evaluate the Similarity of the Marks in Dilution by Blurring Decisions," Inside the Minds: Recent Trends in Trademark Protection, Aspatore, 2011 ed.
Co-author, "The Trademark Dilution Revision Act of 2006 Clarification and Expansion of the Fair Use Exception," MLRC Media Law Letter, October 31 2006
"Searching for Clarity: Trademark Disputes Over Keyword Advertising Have Returned Confusing Results," IP Law & Business, January 2006
"End of the Domain Goldrush? An Overview of the Anticybersquatting Consumer Protection Act," Internet Law & Business, January 2000