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Marc E. Ackerman
Partner, New York
Contact Info
Marc E. Ackerman
Partner
1155 Avenue of the Americas
New York, New York
10036-2787
United States
T: + 1 212 819 8200
F: + 1 212 354 8113
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Awards
Firm Recommended in First TMT/IP Volume
Practice Experience
Mr. Ackerman is a trial and appellate litigator who concentrates on intellectual property and commercial disputes.
Mr. Ackerman has handled a broad array of intellectual property litigation, including patent, false advertising, trademark, copyright and unfair competition disputes. He also handles commercial litigation and arbitration, has extensive experience in libel and First Amendment matters, and regularly practices before the U.S. Patent and Trademark Office and the National Advertising Division of the Better Business Bureau.
Mr. Ackerman's clients span a wide variety of industries, and have included major financial institutions, top credit card companies and manufacturers of such diverse products as semiconductors, chocolate and building products.
Mr. Ackerman has substantial experience representing major sports leagues and their member clubs, as well as sports-related media companies, including the National Football League and the National Hockey League and their member clubs in high-profile intellectual property litigation, as well as ESPN, Major League Soccer and the United States Figure Skating Association.
Some of Mr. Ackerman’s more notable engagements include:
Commonwealth Scientific and Industrial Research Organization v. Marvell Semiconductor, et al
. Representation of Marvell in industry-wide patent dispute over wireless technology pending in the Eastern District of Texas;
Representation of
Verizon Wireless
in multiple false advertising disputes;
MasterCard Int'l v. Federation Internationale De Football Ass'n (FIFA), et al
. Representation of Visa International as intervenor in dispute over 200 million dollar financial services sponsorship of the World Cup, in the Southern District of New York, Second Circuit and in parallel international arbitration;
ESPN, Inc v. Manley Toy Quest Inc., et al.
, Secured TRO and preliminary injunction against toy manufacturer selling infringing X Games merchandise in the Southern District of New York;
Bouchat v. Baltimore Ravens Football Club and National Football League Properties, Inc. and Related Cases
Secured jury verdict of zero dollars in favor of the Ravens and the NFL in Maryland District Court jury trial concerning copyright infringement of Baltimore Ravens logo; secured summary judgment on behalf of Ravens and NFL in related consolidated cases involving over 450 defendants alleging damages from use of infringing logo; verdict and judgment upheld on appeal to 4th Circuit;
Cimoszewicz v. Wprost
Representation of Polish magazine publisher against defamation claims brought by daughter and son-in-law of Polish presidential candidate in the District of South Carolina;
Harjo v. Pro-Football, Inc.
Defense of Washington Redskins against trademark claims brought by Native American petitioners in the U.S. Patent and Trademark Office, D.C. District Court and D.C. Circuit);
Union of Orthodox Jewish Congregations of America v. Brach’s Confections, Inc.
Defense of Brach’s against trademark infringement claims by Orthodox Union alleging trademark infringement on candy packaging; parallel actions in District Courts in Maryland and Texas; and
Fielding v. Gruner + Jahr AG, et al.
Representation of Gruner + Jahr, a top European publisher, in defamation action brought by the former Swiss Ambassador to Germany and his wife, a former Miss Texas, in the Northern District of Texas and Fifth Circuit.
Prior to joining White & Case, Mr. Ackerman was a litigation associate for more than four years at Cravath, Swaine & Moore, where he represented, among others, various Time Warner companies in federal court and before the Federal Communications Commission.
Bars and Courts
New York State Bar
US District Courts for the Southern, Eastern and Western Districts of New York
US Courts of Appeals for the District of Columbia, Second, Fourth, Fifth, Sixth, Ninth, and Federal Circuits
US Supreme Court
Education
JD, New York University School of Law,
cum laude
, 1992
BA, Yale University,
cum laude
, 1989
Professional Associations and Memberships
Association of the Bar of the City of New York (Chair Sports Law Committee, 2005-2008)
International Trademark Association (Lefkowitz Moot Court Competition Committee 2002-2008)
American Bar Association, Intellectual Property Section
Media Law Resource Center
Awards and Recognition
Leading Individual, Media and Entertainment (Sports), Legal 500 USA 2007, Volume Two (TMT & IP)
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
Co-author, "The Trademark Dilution Revision Act of 2006
Clarification and Expansion of the Fair Use Exception"
, MRLC Media Law Letter, October 31 2006
Author, "A million Little Lawsuits?",
The National Law Journal
, April 24, 2005. Article also published on
Publishers Weekly
, April 24, 2006
Co-author, "No Jurisdiction Over German Publishers In Texas," Libel Defense Resource Center’s
MediaLawLetter
, February 2004
Co-author, "Reverse Passing Off:
Dastar
Tests the Tension Between Trademark and Copyright Law,"
Media Law Resource Center Bulletin
, January 2004
Co-author, "Trademarks", Kirk-Othmer Encyclopedia of Chemical Technology
Co-author, "Zero Damages Award in Copyright Infringement Suit," Libel Defense Resource Center’s
MediaLawLetter
, September 2002
Co-author, “Second Circuit Grants Media Access to Deposition Transcripts of Top NYSE Officials,” Libel Defense Resource Center's
MediaLawLetter
, December 2001
Co-author, “Washington Redskins Challenge Scheduled Cancellation of 'Redskins' Registrations as Disparaging to Native Americans,” New York State Bar Association's Bright Ideas, Fall 1999 and Libel Defense Resource Center's
MediaLawLetter
, June 1999
Pro Bono
White & Case LLP Pro Bono Honor Roll
Thurgood Marshall Award for Pro Bono Death Penalty Representation (City Bar)
Languages
English
Citizenship
United States
Practices
Intellectual Property
Litigation
Recent News
Smiley Face Is Serious to Company
Grounds for Debate
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Recent Publications
A Million Little Lawsuits?
Out of the Freying Pan (PDF)
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