Jeffrey A. Lindenbaum

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Mr. Lindenbaum is a partner of the firm and practices primarily in the firm’s litigation department.  He has broad intellectual property experience representing and counseling a wide range of domestic and international clients in patent, trademark, copyright, right of publicity, trade secret, and related intellectual property matters. His litigation experience includes obtaining and defending injunctions, internet disputes, trademark misuse, and ex parte seizures of counterfeit products.  Mr. Lindenbaum has appeared and argued matters at the trial and appellate level in federal courts in more than fifteen states.

Mr. Lindenbaum has extensive experience before the United States Trademark Trial and Appeal Board, having successfully litigated and/or resolved approximately one hundred Opposition and Cancellation disputes.

Mr. Lindenbaum also regularly assists his clients with transactional matters, including structuring, drafting and negotiating licenses and other agreements.

Jeffrey’s prior experience includes work as a Summer Law Clerk for the Honorable Raymond J. Dearie of the United States District Court for the Eastern District of New York, and for the Honorable Sheldon Greenberg of the Supreme Court of New York.

Mr. Lindenbaum, born in Belle Harbor, NY, was awarded a Juris Doctor from the University at Buffalo School of Law.  Prior to attending Law School Mr. Lindenbaum received a Bachelor of Arts from Binghamton University.

In 2014, Jeffrey was awarded the Westchester County Above the Bar Award in the category of Leading Attorney Under 40. This award is granted to a prominent and respected attorney in his/her field, and to an attorney who promises to be a leading legal player in the years to come.

Court Admissions

  • New York
  • Southern District of New York
  • Eastern District of New York
  • Northern District of New York
  • Western District of New York
  • Eastern District of Michigan
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Fourth Circuit

Memberships

  • The World Trade Council of the Westchester County Association (Board of Directors)
  • The International Trademark Association (INTA)
    • 2013 Roundtable Moderator
    • 2014-2015 Enforcement Committee
  • The New York State Bar Association (Intellectual Property Law Section)
  • Consulegis EWIV/EEIG

Lectures

  • Repeated Speaker at the New York City Bar Association’s City Bar Center for CLE on Protecting Intellectual Property on the Internet and in Social Media
  • Repeated Speaker at the Pace Law School Center for Continuing Legal Education on a variety of Intellectual Property topics, including Ex-Parte Counterfeit Seizures, Bridge-the-Gap Trademark Basics, Recent Trends in Copyright Law and Misappropriation of Trade Secrets
  • Speaker at the Advertising Club of Westchester on Trademark and Copyright Issues Pertaining to Advertising and Marketing on the Internet
  • Speaker at the Pace Law School New Directions Program on Intellectual Property Considerations for Business Conducted Over the Internet
  • Guest Lecturer of the Pace Law School International Law Society

Publications

  • Article:  Catch Me if You Can:  An Analysis of New Enforcement Measures and Proposed Legislation to Combat the Sale of Counterfeit Products on the Internet, 32:3 Pace L. Rev. 567 (2012).
  • Article:  Fifteen Minutes of Fame can Generate Fifteen Decades of Royalties: An International Comparative Analysis of Right of Publicity and Trademark Laws that Create a Monopoly of Economic Benefits Deriving from an Individual’s Name, Image and Likeness.  (*This paper was awarded the Dr. Thomas Marx Award in Manchester, England in May 2009)
  • Article:  Visit the Wayback Machine and Journey Back in Time on The Internet, discussing the admissibility of evidence sourced from the Web site found at www.archive.org.
  • Other:  Quoted in the October 2008 issue of The Atlantic on protecting Intellectual Property in the restaurant and baking industry

Representative Engagements

  • Lead counsel for famous Swiss watch manufacturer in lawsuit against the owners of 29 counterfeit websites.  Obtained ex-parte temporary restraining order, preliminary injunction and seizure of all 29 websites, along with an Order seizing financial accounts related to the websites. (Southern District of New York).
  • Lead counsel for paint roller manufacturer accused of infringing two patents.  Successfully dismissed all claims and secured a finding of non-infringement at summary judgment.  Obtained an Order finding case “exceptional,” and recovering client’s attorney’s fees and costs.  Successfully argued appeal at the Court of Appeals for the Federal Circuit, securing affirmance of summary judgment and attorney’s fees rulings.  Published decisions at 2013 U.S. Dist. LEXIS 10499 and 2013 U.S. Dist. LEXIS 58958 (Central District of California) (Court of Appeals for the Federal Circuit).
  • Prevailed at Summary Judgment in trademark infringement suit against Audi AG and Volkswagen of America, securing client’s right to vanity telephone number 1-800-ALL-AUDI. (Eastern District of Michigan and Northern District of New York).
  • Lead counsel responsible for obtaining Permanent Injunction, Cancellation of adversary’s trademark registrations, and Award of over $1.4 million in damages and attorney’s fees in favor of Dutch manufacturer of fire suppression products in suit for trademark infringement and unfair competition (Southern District of New York).
  • Lead counsel for defendant, a company that harvests and distributes sea vegetables, in suit involving claims of trademark infringement, unfair competition and cybersquatting.  Obtained dismissal of all claims, cancellation of adversary’s trademark registration, and award of attorney’s fees.  (District of Arizona).
  • As lead counsel, successfully litigated through trial and final hearing a Trademark Opposition, and secured a ruling from the Trademark Trial and Appeal Board that Korean competitor’s MYCHEW mark is confusingly similar to Japanese client’s HI-CHEW mark for candy. (Trademark Trial and Appeal Board).
  • Counsel for the Andy Warhol Foundation on transactional matters including licenses and other agreements.
  • As lead counsel, litigated and obtained ruling from the Trademark Trial and Appeal Board that denied registration to competing mark which was confusingly similar to client, Swiss watch maker Omega S.A’s BROAD ARROW trademark.  (Trademark Trial and Appeal Board).
  • Lead counsel for EM-Microelectronics-US, Inc. in patent infringement suit involving semiconductor chips using embedded flash memory.  Obtained dismissal of all claims against EM-US. (Eastern District of Texas).
  • Lead counsel for defendant in lawsuit involving claims of trademark infringement and right of publicity relating to late Reggae performer Bob Marley.  Prior to favorable settlement, successfully defended motion for preliminary injunction and obtained dismissal of right of publicity claim, and claims brought against individual defendant. (District of Nevada).
  • Obtained Summary Judgment in favor of client on its claims of willful patent infringement involving infringing sales of magnetic eyewear.  (District of Nevada).
  • Lead Counsel for Plaintiff in lawsuit for defamation and false advertising involving competitor’s disparaging remarks in publication directed to parties’ customers.  (Eastern District of New York).
  • Lead counsel for Defendant and Declaratory Judgment Plaintiff in two patent infringement actions involving external batteries for the Apple iPhone.  Favorable settlement reached.  (Northern District of New York and Central District of California)
  • Counsel for Plaintiff in patent infringement suit for a multi-functional transaction processing system for the delivery of pre-paid phone and gift cards.  After favorable Markman ruling and briefing on summary judgment, settlement agreement was reached.  (Southern District of Florida).
  • Counsel for Plaintiff in trademark and copyright infringement lawsuit involving distribution of competitor’s infringing product catalogue.  Following briefing on summary judgment, favorable settlement reached.  (Southern District of Florida).
  • As lead counsel for entertainment company, defended Petition to Cancel brought by national cable television channel.  After discovery and trial, favorable settlement was reached. (Trademark Trial and Appeal Board).
  • Lead counsel for famous Swiss watchmaker Swatch, S.A. in lawsuit involving gray market sales of watches.  Secured Consent Judgment and Permanent Injunction against further sales of watches. (Southern District of Florida).
  • Counsel for G4S plc. involving several U.S. domain name disputes.  Secured termination of infringing domains and websites.
  • Lead Counsel for international television production company in trademark dispute involving rights to the mark BIG BROTHER (highly-successful, long-running realty television show on CBS).  Favorable settlement reached. (Trademark Trial and Appeal Board).
  • Counsel for Plaintiff in suit involving counterfeit curry powder.  Obtained preliminary injunction and Court Order permitting ex-parte seizure of counterfeit products.  Seizure resulted in acquisition and destruction of 22,000 counterfeit products, leading to entry of a Consent Judgment and Permanent Injunction against further infringement. (Eastern District of New York).
  • Counsel for Plaintiff in suit involving counterfeit cosmetic products.  Secured a Temporary Restraining Order and Order permitting ex-parte seizure of counterfeit products.  Seizure resulted in confiscation of counterfeit products along with banking records which led to freezing of financial assets.  (Eastern District of New York).
  • Counsel for Plaintiff in ex-parte seizure of gray market watches at Manhattan jewelry store.  Seizure resulted in confiscation of 65 OMEGA, RADO and TISSOT watches, and related business records.  (Southern District of New York).
  • Counsel for Plaintiff in lawsuit involving misappropriation of trade secrets.  Obtained preliminary injunction enjoining defendant from unfairly competing with former employer.  (Southern District of New York).
  • Pro-Bono Matters:
    • The Histiocytosis Association
    • Good Grief, Inc.
    • Pro-Bono Partnership, Inc.