James Weinberger

Practice Areas

Litigation

Copyright

Trademark

Social Media & Domain Names

Design

Publicity & Privacy

Transactions

Career

James D. Weinberger is an accomplished litigator who excels at developing strategies to help clients protect, enforce, and manage their brands and copyrightable content. For clients including global and national brands, James advises on copyright, trademark, and trade dress infringement, as well as unfair competition, false advertising, trademark dilution, right of publicity, First Amendment, and internet-related matters.

James seeks remedies for clients through federal and state court litigation, mediation, arbitration, administrative litigation in the Trademark Trial and Appeal Board, and Uniform Domain Name Dispute Resolution Policy proceedings in the World Intellectual Property Organization. He counsels clients on copyright and trademark enforcement strategy, execution, portfolio management, clearance, and negotiates and drafts trademark and copyright licenses, coexistence and settlement agreements.

With clients including prominent entertainment properties, characters, and celebrities, James also represents both established and startup clients across diverse industries, including apparel, personal care products, beverages, cosmetics, financial and professional services, sports, pharmaceuticals, publishing, and software.

Professional Memberships

International Trademark Association (INTA) (Member, Copyright Committee, 2022-23; Famous and Well-Known Marks Committee, 2020-21; Judicial Administration and Trademark Litigation Subcommittee, 2014-15; Member, Discovery Practices & Procedures Subcommittee of the Enforcement Committee, 2012-13, 2008-2009)

Member, Intellectual Property Subcommittee of Sports Law Committee, New York City Bar Association (2020-present)

Pharmaceutical Trade Marks Group (PTMG) (Associate Member)

Federal Bar Council (Member, Intellectual Property Committee)

American Bar Association (Member, Intellectual Property Law Section)

New York State Bar Association (Member, Intellectual Property Law Section)

Columbia Law School Association (Director, 2010-2015)

Work Highlights

Chatham Imports, Inc. v. Driftless Pure, LLC

Represented Chatham Imports and its FARMERS brand gin and prevailed at trial before the Trademark Trial and Appeal Board against a competitor’s application to register FARMER FORWARD for spirits on grounds of likelihood of confusion.

Moshik Nadav Typography LLC v. Banana Republic, LLC

On behalf of client Banana Republic, the firm was successful in dismissing a case brought by typographer Moshik Nadav, who alleged that our client used an ampersand he designed without permission in connection with certain promotions, alleging in three separate amended complaints claims sounding in unjust enrichment, unfair competition and misappropriation. Following several rounds of motions to dismiss for failure to state a claim, the U.S. District Court for the Southern District of New York dismissed the complaint with prejudice.

Super Duper, Inc. v. PresenceLearning, Inc.

Represented leading educational publisher in copyright and trademark infringement action against online teletherapy platform. Obtained judgment for $3.25 million and attorneys fees

Alixir Co. dba Bev v. Que Onda Beverage, Inc.

Represented a producer of canned sparkling tequila in trade dress infringement action brought by canned wine company.

Education