Practice Experience
Mr. Glancy is an intellectual property partner whose practice focuses on litigation involving trademarks, copyrights, patents, trade secrets, and false advertising. He also counsels clients on privacy law, and on a variety of issues relating to the internet, including domain name disputes, data scraping, and keyword advertising. He has represented clients in the pharmaceutical, publishing, television, ecommerce, sports, 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.
- Representation of ASCAP 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 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. This decision will likely set the template for the licensing of all on-line performances of music on the Internet, and is now on appeal to the United States Court of Appeals for the Second Circuit.
- Representation of the Russian television network NTV in a trademark infringement action against a former US 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 trademark 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 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 a major sports league in a copyright infringement action.
- Representation of a major pharmaceutical company in a trademark infringement action.
- 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 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 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.
- Representation of a major pharmaceutical company in a complex trade secret misappropriation case before the International Trade Commission.
- Successful representation of numerous clients in domain name disputes before the World Intellectual Property Organization and National Arbitration Forum.
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 Supreme Court
Education
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
Publications
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
Languages
English
Citizenship
United States
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