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- Jordan Feirman
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Jordan Feirman’s primary practice focuses on intellectual property and sports litigation, with experience handling all stages of cases involving copyrights, trademarks, false advertising, unfair competition, domain names, counterfeit goods, contract, and licensing disputes, and consumer class actions. Mr. Feirman also regularly represents clients in connection with intellectual-property enforcement issues, risk analyses, consumer surveys, opposition and cancellation proceedings before the U.S. Trademark and Trial Appeal Board, international intellectual property protection, and corporate mergers and acquisitions.
Mr. Feirman has served on the Copyright and Literary Property Committee of the New York City Bar presents on key developments in copyright and trademark law in webinars and has authored numerous amicus briefs, articles, and publications addressing emerging issues in copyright, trademark, and unfair competition law. Mr. Feirman co-authored the chapter on “Appeals” in the ABA Copyright Litigation Strategies treatise. In addition, Mr. Feirman represents a variety of musicians, artists, authors, and nonprofit organizations on a pro bono basis.
Significant representations include:
The National Hockey League in obtaining a permanent injunction and damages from a company that made beer steins replicating the design of the Stanley Cup trophy, and successfully defending against that company’s counterclaims challenging the league’s ownership of trademarks and trade dress rights in connection with the Stanley Cup trophy;
Matthew Bender & Company in securing dismissal of a consumer class action complaint in New York state court for alleged contractual breaches and deceptive practices regarding the company’s New York Landlord-Tenant Law publication, and affirmance of that dismissal on appeal;
Pinduoduo Inc. and its affiliates in securing dismissal on jurisdictional grounds of claims alleging trademark infringement and unfair competition based on activities taking place on the Pinduoduo e-commerce platform, and in obtaining an award of attorneys’ fees and costs against the plaintiff under the Lanham Act;
Fresh Del Monte Produce Inc. in multiple litigations and arbitrations, including securing a favorable jury verdict and post-trial relief against Del Monte Corporation for false advertising and breach of a trademark license agreement, and enforcing Fresh Del Monte Produce Inc.’s intellectual property rights in the U.S., Europe, the Middle East, and Africa; - MCS Advantage, Inc. and MCS Healthcare Holdings LLC, in a Lanham Act lawsuit in Puerto Rico concerning a competitor’s advertising regarding eligibility for new supplemental benefits available through Medicare;
Red Bull North America and its corporate parent in the defense of multiple putative class actions across the country challenging the nature and content of Red Bull’s advertising statements concerning its products’ benefits;
- The National Football League and its member clubs in a variety of intellectual property enforcement matters as well as a federal lawsuit brought by sports photographers asserting claims including copyright infringement and violation of U.S. antitrust laws;
MGA Entertainment Inc. in obtaining summary judgment against a claim of copyright infringement by the company’s “Bratz” dolls and affirmance of that judgment on appeal;
- The National Football League, National Basketball Association, PGA Tour and Major League Baseball in amicus briefs submitted to multiple U.S. Courts of Appeals concerning copyright issues and compulsory licensing in the FilmOnX/Aereokiller internet rebroadcasting cases;
-The National Collegiate Athletic Association, National Basketball Association, National Football League, National Hockey League and Major League Baseball in federal litigation concerning the legalization of state-sponsored sports gambling in the state of New Jersey;
The National Collegiate Athletic Association, as a member of the trial team in a class action concerning the Association’s rules governing amateurism and student-athlete compensation;
- Jackson Hewitt Tax Service in litigating and ultimately settling a Lanham Act false advertising lawsuit against H&R Block; and
The Walt Disney Company in its $4 billion acquisition of Lucasfilm, Ltd.
Recent Publications
“Blunting Copyright Enforcers’ Excessive Settlement Demands,” Law360, June 3, 2020'
“Video Gaming / E-Gaming Law Update,” Skadden, Arps, Slate, Meagher & Flom LLP, August/September 2019
“US Supreme Court Strikes Down Ban of ‘Scandalous’ Trademarks,” Skadden, Arps, Slate, Meagher & Flom LLP, June 25, 2019
“US Supreme Court Holds That Bankrupt Companies Cannot Rescind Trademark Licenses,” Skadden, Arps, Slate, Meagher & Flom LLP, May 21, 2019
“U.S. Supreme Court Issues Two Unanimous Rulings Clarifying Meanings of ‘Registration’ and ‘Full Costs’ in Copyright Act,” New York Law Journal, March 27, 2019, and Skadden, Arps, Slate, Meagher & Flom LLP, March 5, 2019
“Federal Circuit Denies PTO Attorneys’ Fees,” Skadden, Arps, Slate, Meagher & Flom LLP, July 31, 2018
“Supreme Court to Clarify What Constitutes a ‘Registration’ Under the Copyright Act,” Skadden, Arps, Slate, Meagher & Flom LLP, June 29, 2018
“Supreme Court Seeks to Clarify Copyrightability of Design Features on Useful Articles in Cheerleading Uniform Case,” Skadden, Arps, Slate, Meagher & Flom LLP, March 23, 2017
Chapter 28 “Appeals,” Copyright Litigation Strategies, American Bar Association, 2017
“The SCOTUS Kirtsaeng decision: where do we go from here?” World Intellectual Property Review, July 29, 2016
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