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Daren M. Orzechowski
Partner, New York
Contact Info
Daren M. Orzechowski
Partner
1155 Avenue of the Americas
New York, New York
10036-2787
United States
T: + 1 212 819 8704
F: + 1 212 354 8113
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Practice Experience
Mr. Orzechowski is a member of White & Case’s Intellectual Property Group. Specializing in all areas of intellectual property law, he handles both litigation and transactional matters. Mr. Orzechowski’s practice focuses on the sports and entertainment industries, as well as information technology and outsourcing. A portion of his practice relates to matters involving trademarks specifically and Internet-related issues in a variety of industries. He regularly assists clients with intellectual property clearance, registration, enforcement, and licensing.
Sports & Entertainment
Mr. Orzechowski represents sports and entertainment clients in connection with resolving their disputes and entering into new contractual relationships to achieve their business goals. Representations in the sports and entertainment industries include:
Visa in a litigation involving FIFA and MasterCard in which MasterCard challenged a deal between FIFA and our client to sponsor FIFA events, including the World Cup tournament,
various professional athletes, including multiple All-Star Major League Baseball players, in connection with service, endorsement, agent, and marketing agreements,
an investor group in connection with the expansion of a major U.S. sports league into a foreign market and the related licensing of the league’s intellectual property, most significantly, its trademarks;
ESPN in several lawsuits concerning ESPN's intellectual property, including the X GAMES and ESPN brands,
NHL Enterprises in litigation concerning its trademarks and the artwork used by NHL goaltenders on their masks,
pop star Michael Jackson in a multi-million dollar refinancing of certain debts held by Fortress Investment Group, and
National Football League Properties in various trademark related matters.
Trademarks
Mr. Orzechowski represents clients in connection with a variety of trademark related matters in addition to those which are specific to the sports and entertainment industries. These activities include trademark clearance and prosecution for new brands as well as enforcement of our clients’ valuable rights when necessary. Mr. Orzechowski also does trademark licensing, both in the traditional sense and in connection with complex international joint ventures and corporate transactions. Additional representations in the trademark area include:
Perfumania in a trademark infringement litigation against a competing fragrance business using the mark PERFUMALL,
Iconix Brand Group, Inc. in the creation of a joint venture with a Hong Kong-based company and the related granting of intellectual property rights necessary to form the joint venture. The joint venture will develop, license and market products in China, Hong Kong, Taiwan, and Macau under several of Iconix’s well known brands;
Representation of ETPH Acquisition, LLC, in its acquisition of the ELLEN TRACY branded business of Liz Claiborne and CJ Apparel Group, LLC, which owns the CARIBBEAN JOE branded business. We also are working with ETPH’s subsidiaries to manage the newly acquired intellectual property assets;
Russian television network NTV in a trademark infringement action against a former licensee of the network, and
Several successful domain name arbitrations before WIPO and the National Arbitration Forum.
Information Technology & Outsourcing
Mr. Orzechowski has represented both institutional and startup clients with respect to transactions involving the acquisition, transfer and licensing of software, hardware, data and other content. These include outsourcing arrangements, financings, mergers and acquisitions, and day-to-day operational matters. Information technology and outsourcing representations include:
numerous investment banks and financial institutions in connection with the licensing and development of software, data processing arrangements, and IT outsourcing relationships,
a financial institution in the outsourcing of its online banking, financial accounts processing, statement printing, ATM and debit card creation and processing, and various other services related to its retail banking operations,
a real estate and information services company in connection with the acquisition, development and licensing of various software solutions and transaction management platforms,
a baked goods company in one of the largest information technology outsourcing transactions ever in Latin America,
an international office products company with respect to sourcing relationships as well as software and trademark licensing,
a world famous Italian fashion company with respect to software related agreements and disputes, and
a consumer products retailer in connection with Internet related software and marketing agreements.
Litigation
In addition to the representations listed above, Mr. Orzechowski's litigation experience includes matters for clients in a range of industries involving copyright and patent infringement, as well as claims of false advertising, trade secret misappropriation, unfair competition, and breaches of license agreements. He has appeared before courts and tribunals throughout the United States. Prior representations include:
Syngenta in multiple patent, unfair competition and trade secret litigations involving biotechnology and genetically modified crops,
Sitel, formerly ClientLogic, in a litigation concerning a disputed outsourcing agreement involving software support services,
ARM Limited in a litigation asserting seven U.S. patents against a clone chip maker as well as claims of false advertising and unfair competition,
Wprost, a Polish political magazine, in defense of a libel claim, and
CMP Media and the Electronic Engineering Times in a copyright infringement lawsuit concerning an author's online content.
Bars and Courts
New York State Bar
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
US Court of Appeals for the Second Circuit
US Court of Appeals for the Fourth Circuit
US Supreme Court
Education
JD, Fordham University School of Law,
cum laude
, The Order of the Coif, Fordham Intellectual Property, Media, & Entertainment Law Journal, 1999
BA, Tufts University, 1996
Professional Associations and Memberships
American Bar Association
ABA Intellectual Property Law Section
ABA Entertainment and Sports Industries Forum
Association of the Bar of the City of New York
Secretary, Sports Law Committee of the Association of the Bar of the City of New York
International Trademark Association
Publications
Co-author, "Trademark Infringement and the Legal Bases for the Recovery of Economic Damages,"
Economic Damages in Intellectual Property: A Hands-On Guide to Litigation
, published by John Wiley & Sons, Inc., edited by Daniel J. Slottje, November 2006
"Federal Court Dismisses High Profile Libel Claim Against Polish Political Magazine,"
Media Law Resource Center Media Law Letter
, March 2006
Speaking Engagements
Panel moderator, "Sports Merchandising and Memorabilia," at Fordham Law School's 12th Annual Sports Law Symposium, April 11, 2008
Languages
English
Citizenship
United States
Practices
Technology
Litigation
Intellectual Property
Outsourcing
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