Jordan Feirman

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 and copyright and other intellectual property issues in connection with corporate mergers and acquisitions.

Mr. Feirman currently is a member of the U.S. Amicus Subcommittee of the International Trademark Association and previously served on the Copyright and Literary Property Committee of the New York City Bar. He regularly presents on key developments in copyright and trademark law, 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 (i) a pending federal litigation concerning Smack Apparel’s marketing and sale of “parody” shirts featuring trademarks of the Seattle Kraken hockey club, and (ii) 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 counter-claims 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 obtaining affirmance of the dismissal both in the Appellate Division and in the New York Court of Appeals;
• 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 company’s e-commerce platform, and in obtaining an award of attorneys’ fees and costs against the plaintiff under the Lanham Act;
• Intuitive Surgical, Inc. in pursuing counterclaims in multiple federal litigations concerning false advertising and unfair competition by companies that market so-called “repair” services for Intuitive’s robotic surgical instruments;
• Peet’s Coffee, Inc. in a pending federal litigation against Nespresso USA, Inc. concerning trademark issues including alleged trade dress rights in the product design of single-serve espresso capsules, and in a concurrent Opposition proceeding in the Trademark Trial and Appeal Board seeking to prevent the registration of espresso capsule trade dress by Société des Produits Nestlé S.A.;
• 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;
• Numerous companies in connection with their acquisition of large literary properties, including (i) Netflix in connection with its acquisition of Roald Dahl literary property, (ii) Embracer Group in connection with its acquisition of J.R.R. Tolkien works; and (iii) The Walt Disney Company in connection with its acquisition with Lucasfilm, Ltd.;
• Cellectar Biosciences Inc. in connection with filing a federal Complaint against former personnel concerning diversion of the company’s cancer-targeting biotechnology, and successful resolution of the dispute with the personnel and with the Wisconsin Alumni Research Foundation;
• 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;
• Array Biopharma, Inc. in a New York state court action asserting that AstraZeneca AB breached a license agreement and underpaid Array in connection with the sublicensing of intellectual property rights in compounds for treatment of neurofibromatosis;
• Major League Soccer in connection with a variety of intellectual property and licensing matters, including with respect to MLS player likeness and publicity rights;
• 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;
• 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;
• 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 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; and
• Jackson Hewitt Tax Service in litigating and ultimately settling a Lanham Act false advertising lawsuit against H&R Block.