Stefan litigates complex civil and intellectual property matters for a wide range of clients, including technology, media, ecommerce, retail, automobile, pharmaceutical, consumer products, manufacturing and financial services companies.
His areas of focus include copyright, trademark, unfair competition, trade secrets, and music licensing, and he regularly advises clients on strategies for managing IP-related risks. Stefan has extensive experience in bench and jury trials and appeals. He has practiced in federal and state courts and in administrative proceedings before the US International Trade Commission, the Copyright Office, and the Patent and Trademark Office.
Stefan's clients have included Avon, Deutsche Bank, the Gore Vidal Revocable Trust, Honda, Pfizer, Sandoz, Sears, the Solomon R. Guggenheim Foundation, Sony, Walmart, and the Whitney Museum of American Art.
Stefan has served as Chair of the Copyright Law Committee of AIPLA, a 15,000-member national bar association, and he has been quoted by Corporate Counsel, The National Law Journal, The New York Law Journal, The New York Observer, The Washington Post, Fortune, Wired, Law360, Reuters, and The Associated Press.
Viraj Profiles Limited v. ITC
Successfully represented a leading stainless steel manufacturer in a Section 337 proceeding before the US International Trade Commission. The Commission found that the respondent, one of the world's largest stainless steel producers, misappropriated our client's trade secrets, and it issued orders prohibiting the respondent's importation and sale of stainless steel products for more than sixteen years. Stefan argued the appeal to the Federal Circuit, which affirmed the Commission's determination, resulting in a complete victory for the client.
Deckers Outdoor Corporation v. Wal-Mart Stores and Sears, Roebuck and Co.
Represented national U.S. retailers in lawsuits brought by the manufacturer of Ugg footwear alleging design patent infringement, trademark and trade dress infringement, trademark dilution and unfair competition.
Blanch v. Koons
Successfully defended Deutsche Bank against copyright infringement claims in a case that established a leading precedent on fair use, 'Blanch v. Koons,' 467 F. 3d 244 (2d Cir. 2006).
Southfield Music v. Keefe
Lead counsel for a pharmaceutical company in a copyright infringement lawsuit alleging infringement of a song used in television advertising campaign.
Average Wholesale Price Pharmaceutical Litigation
Represented a leading pharmaceutical manufacturer in a false claims act, common law fraud and consumer protection lawsuits brought by state attorneys general and a qui tam relator for the reporting of Average Wholesale Price (AWP) and Wholesale Acquisition Cost (WAC) data used in Medicaid reimbursements. Helped to secure reversal of a US$78 million verdict in 'Sandoz Inc. v. Alabama,' 100 So.3d 514 (Ala. 2012) and a US$28 million judgment in 'Sandoz Inc. v. Kentucky,' 405 S.W.3d 506 (Ky. Ct. App. 2012).
Kirtsaeng v. John Wiley & Sons
Counsel of record for the Association of Art Museum Directors and twenty-eight museums of art, including the Solomon R. Guggenheim Foundation, the Art Institute of Chicago, the J. Paul Getty Trust, the Los Angeles County Museum of Art, the San Francisco Museum of Modern Art, and the Whitney Museum of American Art in 'Kirtsaeng v. John Wiley & Sons.' The US Supreme Court cited the museum amici's arguments as support for its landmark decision that the "first sale" doctrine applies to foreign-manufactured goods. The National Law Journal featured the brief as its "brief of the week" on July 25, 2012.
Google Books Litigation
Counsel of record for three national library associations in 'The Authors Guild v. Google,' opposing certification of a class of potentially millions of plaintiffs.
Mad Dogg Athletics v. Wal-Mart Stores and Sam's West
Represented Walmart and Sam's Club in a lawsuit brought by a manufacturer of stationary exercise bicycles alleging trademark infringement and unfair competition.
Yesh Music v. LINE Corporation
Lead counsel for LINE Corporation in a copyright infringement action brought by Yesh Music for the alleged infringement of musical compositions on an online streaming music service.
Music Royalty Rate-Setting and Distribution Proceedings
Represented a leading performing rights licensing organization in federal court cases to determine reasonable fees for the public performance of copyrighted musical works by internet and commercial music services, and in US Copyright Office proceedings for the distribution of cable retransmission royalties.
"Royalty-Free Patents and Open Standards in Open Source Software", November 13, 2019: the Practising Law Institute The Law and Business of Open Source Software, (speaker)
"Multi-Jurisdictional Issues in Global IP Management", September 26, 2017: Corporate Counsel's 29th Annual General Counsel Conference, (moderator)
"Smart Devices Are Reconfiguring Our World", September 21, 2017: White & Case Back-to-Business Japan Seminar Series, (panelist)
"Cranes, Trains, and Digital Goods: Trade Secret and Copyright Developments at the International Trade Commission", January 28, 2016: AIPLA Mid-Winter Institute, (speaker)
"Coming to an Auction House Near You? The Revived Debate Over Art Resale Royalties", January 15, 2015: Copyright Society of the U.S.A., (speaker)
"What Entrepreneurs Need to Know about Intellectual Property", March 4, 2014: Cardozo Annual Intellectual Property Law Forum, (panelist)
"Patent Prosecution and Copyright Protections Collide – Use of Non-Patent Literature During Patent Examination", May 1, 2013: AIPLA Spring Meeting, (speaker)
"History and Purposes of Formalities", April 18, 2013: Berkeley Center For Law and Technology Symposium, Reform(aliz)ing Copyright for the Internet Age, (moderator)
"Is Copyright Infringement a Necessary Step for Patent Prosecution?", December 12, 2012: ABA Intellectual Property Roundtable, (moderator)
"Copyright Issues in the Law Library Environment", June 3, 2010, June 9, 2011, June 7, 2012: St. John's University, (guest lecturer)
"Copyright Claims for Disclosing Non-Patent Literature to the USPTO", May 11, 2012: AIPLA Spring Meeting, (speaker)
"Who Is Concerned about Broader Access to Orphan Works and Why", April 12, 2012: Berkeley Center For Law and Technology Symposium on Orphan Works and Mass Digitization, (moderator)
"Copyright Lawsuits from the Get Go: Initial Challenges for Registrants, Plaintiffs, and Defendants", October 21, 2011: AIPLA Annual Meeting, (speaker)
Joinder and Early Discovery in Bittorrent Copyright Infringement Lawsuits, Cardozo Arts & Entertainment Law Journal, 2015, (co-author)
9th Circ. Made 3 Errors In 'Innocence Of Muslims' Ruling, Law360, March 19, 2014, (co-author)
The Fifth Amendment Versus Compelled Production of Encrypted Data, ABA Section of Litigation Pretrial Practice & Discovery, November 15, 2012, (co-author)
What You Need to Know Before You File a Copyright Infringement Lawsuit, Intellectual Property & Technology Law Journal, March 2012
DMCA Safe Harbour Protects 'Internet Television Network', World Media Law Report, October 16, 2008, (co-author)
Federal Appeals Court Considers Challenge to Copyright Royalty Board, World Media Law Report, July 24, 2008, (co-author)
Film Studios Win Infringement Case against TorrentSpy, World Copyright Law Report, January 24, 2008, (co-author)
WTO Panel to Review China's Protection and Enforcement of IP Rights, World Copyright Law Report, October 25, 2007, (co-author)
New Webcast Rates Provoke Controversy, World Copyright Law Report, April 26, 2007, (co-author)
United States and Russia Reach Agreement on IP Trade Issues, World Copyright Law Report, February 1, 2007, (co-author)
District Court Makes an Example of Florida Software Pirate, World Copyright Law Report, Sept. 28, 2006, (co-author)
Client Service All-Star 2018, BTI Consulting
New York Super Lawyers, 2013-2018
Rising Star, New York Super Lawyers, 2011, 2012
Burton Award, Distinguished Legal Writing, 2015
First Prize, Nathan Burkan Memorial Competition, 2001