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Updated: August 28th, 2020 | New York City | Lawyer List J | Jessica R. Friedman | Intellectual Property, Trademarks,
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Address: 6 East 39 Street, 6th Floor, new-york, NY, 10016
Law Firm: Jessica R. Friedman
Phone: 212-220-0900
Fax: 212-973-9101
Email:
Website: http://literarypropertylaw.com
| Title | Member |
| First Year of Call | |
| Areas of Practice | Intellectual Property, Trademarks |
| Description | CAREER HISTORYAfter graduating from Princeton University in 1981 (summa cum laude, Phi Beta Kappa) and from Yale Law School in 1984, and after spending a year in Israel, Jessica Friedman started her career in the fall of 1985 as an associate with the Wall Street firm of Fried, Frank, Harris, Shriver & Jacobson, where she did commercial litigation.In January 1989, she became an associate at Linden and Deutsch, which later became Deutsch Klagsbrun & Blasband. There, she represented clients in copyright and trademark infringement litigation, including the plaintiffs in Childress v. Taylor, 945 F.2d 500 (2d Cir. 1991) (joint works) and Branch v. Ogilvy & Mather, 16 U.S.P.Q. 2d 1179 (S.D.N.Y. 1990) (total look and feel), and defendant Houghton Mifflin in Eisen, Durwood & Co., Inc. v. Tolkien, 794 F. Supp. 85 (S.D.N.Y. 1992), aff’d, 990 F.2d 623 (2d Cir. 1993), which held that the ‘Lord of the Rings’ trilogy had not fallen into the public domain in the United States. She also handled various kinds of entertainment transactions, from book publishing to music publishing and theatre, and helped build up the firm’s growing trademark practice.Ms. Friedman left Deutsch Klagsbrun & Blasband in the fall of 1993 to build up her own practice. Her clients included book and magazine publishers, as well as individual creators, and she expanded her practice to include advertising matters. In addition, she began to represent Internet start-ups and to handle electronic licensing, domain name disputes, and other Internet/new media matters.In January 1999, she became counsel to the entertainment firm of Leavy, Rosensweig & Hyman, providing niche expertise in the still-new area of Internet law. When that firm dissolved in December 1999, Ms. Friedman moved to Reboul, MacMurray, Hewitt, Maynard & Kristol. There, as the firm’s sole intellectual-property attorney, she worked with the firm’s corporate attorneys on venture-capital and M&A deals; handled software licenses and hosting, network and other technology agreements for the firm’s hi-tech clients; and continued her practice in literary property and other areas for other clients.In February 2003, shortly before Reboul, MacMurray merged with Ropes & Gray, she opened this office, which offers the benefit of her 24 years in these fields to clients of all sizes, but in particular to smaller companies and individuals who want individual attention and an alternative to big-firm rates and fee structures.REPRESENTATIVE MATTERSCOPYRIGHTRepresented national non-profit agency in successfully challenging employee’s effort to claim copyright in work made for hire (2012)Represented national non-profit agency in negotiating agreement with estate of former member concerning letters left to agency (2011-2012)Represented author of sustainability book in review of contract made previously with e-learning course publisher and negotiations to clarify and correct the scope of author’s rights (2011-2012)Represented authors of non-fiction book in negotiations with artist to create illustrations for app based on the book (2012)Advised romance authors about termination and other copyright issues related to their works (2011-2012)Advised résumé Web site creator about copyright and trademark issues in connection with the sale of his company (as counsel to the Paul Ellis Law Group, www.pelglaw.com)(2011)Represented employee in obtaining from employer the right to publish independently a book that she wrote while employed, that employer claimed was work made for hire (2008-2009)Advised national non-profit organization concerning use of images in educational audiovisual program (2008)Represented games developer in contracts with CBS for development of ARG and online game and with MTV for development of series of online games (2007-2008) Represented scientist in refuting copyright infringement claims by co-founders of company with respect to scientific book authored by client (2005)Advised client about potential liability for two software copyright infringement claims by former employees (2003)Represented distributor of jewelry components in copyright infringement suit by manufacturer (2004)*Registered style guides for copyright to protect rights in characters that appear only as illustrations in books (and not as trademarks on products) (2004)Advised publishing client whether company consisting of former employees was infringing copyright in client’s advertising materials (2003)Advised non-profit organization about copyrights in writings of well-known mystic/author (2002)Represented defendants in settlement of file-sharing suits by Recording Industry Association of America (2003 -2004)TRADEMARKRepresenting two global digital music companies, eMusic and The Orchard, in clearing and registering new trademarks domestically and internationally and in policing infringement and in domain-name disputes (2009 – present)Advised creator of Web site parodying Twitter (2011)Represented national non-profit organization in negotiations for consent agreement with national newspaper (2010-2011)Helped French company obtain federal trademark protection for a geographical name based on acquired distinctiveness (2010)Represented media advisory firm in resolving cancellation proceeding concerning its company name (2009-2010)Overcame mere descriptiveness objections against trademark applications for magazine titles filed by client by successfully showing that the titles had acquired secondary meaning (2002-2005)Conducted trademark clearance for new record label, sports drink, design magazine title, line of women’s merchandise, series of nostalgia books, continuing medical education services, women’s apparel line, lost item return service, and online auction service (2003-2004)Represented USA Track & Field against trademark infringement claims by global consumer products company and in clearing and registering various trademarks (2003-2009)Conducted trademark clearance and successfully prosecuted applications for trademarks for line of children’s books and merchandise (1999-2004)Overcame geographic descriptiveness objection for the mark NANTUCKET CHICKS (1999)Obtained service-mark registrations throughout Latin America for investment advisory firm (1999-2002)LICENSINGDraft and negotiate subscription agreements and sublicenses for Media Behavior Institute (www.mediabehavior.com), publisher of media and consumer research (ongoing)Represented media research firm in software license negotiations with a division of Nielsen (2011-2012)Represented media research start-up in negotiations with established national media research firm for license to use aggregated and respondent-level data from national consumer study in new media research database (2011)Represented American distributor of Japanese food products in negotiations with Japanese licensor to modify license (2010-2011)Advised database publisher in negotiations to license data to Bloomberg (2010)Rights clearance for paperback edition of nationally acclaimed trade book (2010)Drafted and negotiated DVD production and distribution agreements for publisher of healthcare programs (2007-2009)Drafted licensing agreements for use of content from client’s U.S. professional publications in Latin American, Spanish, Lebanese, Russian, and other international editions, in print and online (2003 – ongoing)Represented publisher client in negotiations concerning publication of United States edition of UK journal (2002-2003)Drafted license agreement for use of Russian content in American edition of Russian publication (2004)Drafted license for translation of national non-profit content into Arabic for distribution in the Middle East (2004-2007)PUBLISHINGRepresenting author in negotiation of collaboration agreement to ghostwrite autobiography (2012)Represented author of self-help pain relief book (http://triggerpointbook.com/) in negotiations for third edition (2012)Represented attorney in negotiations with New York Law Journal Books to publish treatise (2012) Represented physician in negotiations with literary agent and review of Simon & Schuster publishing agreement (2012)Conducted prepublication review of autobiography of top R&B singer (2011-2012)Representing various romance writers in seeking reversions of rights from Harlequin, Kensington and Dorchester (2011-2012)Conducted prepublication review of book by Christian author and represented author in review of publishing agreement (2012)Conducted prepublication review of trade book about the trade deficit (2011-2012)Represented author in negotiations with Algonquin to publish autobiographical work (2011)Advised authors of non-fiction book about whether they had the right, under their book publishing agreement, to produce a mobile app based on the book (2011)Represented well-known children’s book author and illustrator in negotiations with HarperCollins concerning exploitation of electronic multimedia rights (2010-2012)Represented estate of deceased academic author with respect to publication of new volume of her works (2011)Represented professor at Culinary Institute of America in negotiations with publisher for second edition of textbook (2011)Represented author in dispute with vanity press (2011)Represented author in negotiations with ICM of collaboration agreement with journalist (2011)Conducted prepublication review of autobiography of well-known television talk show host (2011)Represented authors of textbook on computer program management in review and negotiation of publishing agreement for e-learning courses (2011)Represented well-known architecture/design author in negotiations to write biography of interior designer and in negotiations with W.W. Norton to publish the book (2010)Represented author in negotiations for publication of two works by McGraw-Hill (2009-2010)Represented new publishing company whose principal also serves as a co-author in development of publisher and co-author agreements (2009-2010)Represented established romance novelist in securing reversions of rights and in negotiations with E-Reads for exploitation of those rights (2010)Conducted prepublication review of autobiography of television personality (2010)Conducted prepublication review of manuscript on immigration for non-profit organization (2010)Represented publisher of new legal periodical with respect to various publication contracts, privacy policy, and other matters (2008-2009)Advised literary agent concerning possible ways to mitigate risk where author could not go back and obtain permissions from people mentioned in non-fiction book (2008)Represented author in negotiating buy-out of uncooperative co-author (2008)Drafted and negotiated collaboration agreement between author and subject expert contributor (2007)Represented publisher in dispute with authorConducted prepublication review of book about relationships between mothers and nannies (2006)Negotiated book publishing agreement and prepared contribution and related agreements for ‘Smithsonian Baseball: Inside the World’s Private Collections’ by Stephen T. Wong (HarperCollins 2005) and children’s edition (2007)Negotiated book publishing agreement and advised on copyright, permissions, and related issues with respect to ‘The Country Houses of David Adler’ (W.W. Norton & Company 2001), ‘Francis Elkins: Interior Design’ (W.W. Norton & Company 2005), and Michael Taylor: Interior Design (W.W. Norton & Company 2009) by Stephen M. SalnyNegotiated two-book publishing agreement with major trade publisher on behalf of prominent author/illustrator Susan BranchConducted prepublication review of book about Michael Jackson (2005)Represented attorneys with top NYC law firm in negotiations with treatise publisher (2004)Negotiated settlement of dispute among co-authors of health/nutrition book including resolution of issues in the publishing agreement related to client’s right to sell the book over the Internet (2004)Drafted collaboration agreement between author and ghostwriter of medical book (2005)Conducted prepublication review of book about tough love rehabilitation programs for troubled teens (2005)Conducted prepublication review of book about agency that provides household help to famous people (2005)Conducted prepublication review of book about green living (2004)Conducted prepublication review of book about autism (2004)Advised publisher about securing reversion of rights in work that it wanted to publish, from the original publisher (2004)Drafted and negotiated joint venture agreement for publication of new design magazine, Array (www.arrayny.com), based on publisher’s original business model (2003-2006)Represented author in dispute with publisher, resulting in rescission of purported termination of publishing agreementPrepared author contribution agreements for various publications with different kinds of author arrangements and relationshipsADVERTISING/MARKETING/ENDORSEMENTSRepresented physician in negotiations with company to endorse its products and with respect to agreement to appear on the Dr. Oz show (2012)Represented ob-gyn physician in negotiation of agreement to endorse line of Kimberly-Clark products (2012)Advise clients about how to comply with junk fax and e-mail laws (ongoing)Advise client how to structure trade show contests to avoid liability (ongoing)Draft sweepstakes rules and review collateral materials for compliance (ongoing)Advised international technology company about use of slogan in new advertising campaign (2007)Advised international technology company concerning false advertising claims (2008)Advised international technology company about disclaimer to put in commercial (2007)Advised manufacturing company concerning application of charitable solicitation statutes to planned advertising campaign (2004)Advised prominent non-profit organization about use of photograph in advertising campaign (2004)INTERNET/NEW MEDIADrafted terms of use and consumer-facing online privacy policies for various divisions and subsidiaries of healthcare communications company (www.jhihealth.com)Represented many clients in licensing of new media rights (see above under copyright and publishing)Drafted Web site terms of use and online privacy policies for other Web sites in various fields (e.g., physician search, jewelry auction, professional networking, job posting, online magazine subscription)* with litigation counselPUBLICATIONS’When Is an Author Not an Author?,’ The Authors’ Guild Newsletter (Spring 2012)’Web Site Rights and Wrongs: Key Legal Issues in the Creation and Operation of Web Sites,’ New York Business Law Journal (Summer 2010/Vol. 14, No. 1)’Copyright Ownership and Transfer,’ New York City Bar Association Continuing Legal Education, Copyright Basics for Beginners & Non-Specialists (11/07)’If the Shoe Fits: Copyrightability in Three-Dimensional Works,’ New York City Bar Association Continuing Legal Education, Advanced Topics in Copyright Law (5/07)’Record-Label Names as Trademarks: Enforceable or Expendable?’ New York State Bar Association Entertainment, Arts and Sports Law Journal (Spring 07)’Contracts Catches: Option Clauses [in Book Publishing Agreements],’ Romance Writers’ Report (01/05)’Copyright Ownership and Transfer,’ Association of the Bar of the City of New York Continuing Legal Education, Advanced Topics in Copyright Law (05/03, 5/04) ‘Copyright Ownership and Transfer,’ Practising Law Institute’s Advanced Copyright Seminar (5/00-05/03) ‘Trademark Traps, Copyright Concerns, and Limiting Liability in Cyberspace,’ Advanced Forum for Cyberspace Advertising and the Law (1/99)’Registering Service Marks That Are Used on Web Sites,’ The Intellectual Property Strategist (10/98)’How (and Why) to Register a Web Site for Copyright,’ The Intellectual Property Strategist (4/98-5/98)’Trademark Traps on the Net,’ The Intellectual Property Strategist (12/97)’Master your Internet domain name,’ Folio: The Magazine for Magazine Management (1/97)’Electronic Rights: Issues Online,’ The Bookwoman (Women’s National Book Ass’n) (Fall 96)’Update on Domain Name Transfers,’ The Intellectual Property Strategist (10/96)’Drafting Tips in Domain Name Purchase Agreements,’ The Intellectual Property Strategist (8/96)’Online service contracts,’ Folio (3/96)’A Lawyer’s Ramble Down the Information Superhighway,’ Sections on Copyright, Trademark and Defamation, 64 Fordham L. Rev. 697 (December 1995)’Libel in Cyberspace,’ Folio (9/95)’Has a competitor gotten hold of your list?’ Folio (05/95)’Selecting Technology for Practice at Home,’ The New York Law Journal (01/95)’Protect ownership of your title,’ Folio (08/94) ‘Fair Use of Images and Illustrations,’ Small Press Center News (Spring 1994)’What’s in a name?’ Folio (2/94)’Son of ‘Son of Sam’: Crime Still Doesn’t Pay (Royalties),’ NYSBA Entertainment, Arts and Sports Law Journal (10/93)SPEAKING ENGAGEMENTSSpeaker, Speaker, Practising Law Institute’s Understanding Copyright Law in the Data Era 2012, ‘Basic Principles of Copyright Law and Copyright Office Practice’ (7/12)Panel Chair and Speaker, New York City Bar Association, Continuing Legal Education, Domestic Trademark Clearance & Prosecution: Pointers and Pitfalls, ‘Domestic Trademark Applications: Primarily But Not Merely an Overview’ (5/12)Speaker, Practising Law Institute’s Understanding Copyright Law in the Data Era 2011, ‘Basic Principles of Copyright Law and Copyright Office Practice’ (7/11)Speaker, New York Daily News Multicultural Small Business Conference, Operations Panel, ‘Ten Legal Mistakes That Small Businesses Make’ (6/11)Speaker, Surtex Show, Selling and Licensing Art and Design, ‘Copyright’ (5/11)Speaker, New York City Bar Association, Continuing Legal Education, Copyright in the 21st Century: Copyright Basics for New Practitioners & Experienced Lawyers, ‘Copyright Ownership and Transfer’ (3/11)Speaker, Practicing Law Institute’s ‘Bridge the Gap’ Program, ‘Copyright’ (1/11)Speaker, Practicing Law Institute’s ‘Bridge the Gap’ Program, ‘Copyright’ (8/10)Panel Chair, New York City Bar Association, Continuing Legal Education, Current Developments in Copyright Law (3/10)Panel Chair, New York City Bar Association, Continuing Legal Education, Current Developments in Copyright Law (3/09)Speaker, New York Software Industry Association (NYSIA) Legal Forum, ‘Web Site Rights and Wrongs: Key Legal Issues in the Creation and Operation of Web Sites’ (1/09)Panel Chair and Speaker, New York City Bar Association, Continuing Legal Education, Copyright Basics for Beginners & Non-Specialists, ‘Copyright Ownership and Transfer’ (11/07)Panel Chair, New York City Bar Association, Continuing Legal Education, Current Developments in Copyright Law (5/07)Speaker, New York Software Industry Association (NYSIA) Legal Forum, Maintaining Core Intellectual Property Assets: Protection of Copyrights, Patents and Trademarks, ‘Copyrights and Trademarks’ (11/06)Panel Chair, Association of the Bar of the City of New York, Continuing Legal Education, Advanced Topics in Copyright Law (5/05)Panel Co-chair and Speaker, Association of the Bar of the City of New York, Continuing Legal Education, Advanced Topics in Copyright Law, ‘Copyright Ownership and Transfer’ (5/04)Speaker, Practising Law Institute’s Advanced Copyright Seminar, ‘Copyright Ownership and Transfer’ (5/00, 5/01, 5/02, 5/03)Speaker, Association of the Bar of the City of New York, Continuing Legal Education, Advanced Issues in Current Copyright Law, ‘Copyright Ownership and Transfer’ (5/03)Speaker, Small Press Center (NYC), ‘Court Cases That Can Help You or Hurt You’ (1/03)Speaker, Publishing Law: Recent Developments and Emerging Trends (NYU/ Publishers Weekly), ‘Electronic Publishing: Copyright Concerns, Domain Name Disputes, and Other Challenges in Cyberspace’ (4/01)Visiting Hearst Professional, University of Florida College of Journalism and Communications (3/01)Speaker, Practising Law Institute’s Representing the New Media Company, ‘Web Site Development and Hosting Agreements’ (1/00)Speaker, Advanced Forum on Cyberspace Advertising and the Law, ‘Trademark Traps, Copyright Concerns, and Limiting Liability in Cyberspace’ (11/99)Panel Chair, Internet Content ’99, ‘Online Intellectual Property’ (9/99)Speaker, Interactive Newspapers ’99, ‘Legal and Regulatory Issues’ (2/99)Speaker, New York State Bar Association Literary Property Committee, ‘Web Wrap Licenses: Just for Clicks?’ (6/98)Guest Lecturer: NYU Law School (Advanced Copyright Problems), Hofstra University Law School (Entertainment Law), NYU M.S. Publishing Program (Multimedia Publishing) (intermittent)Speaker, Folio: Show (10/96, 10/97, 11/98); Folio: Midwest (3/97); Folio: West (4/98): ‘Legal Land Mines on the Information Superhighway’Speaker, Women’s National Book Association (NYC) Panel on Electronic Rights (6/96)Speaker, Folio: Show : ‘Your Title: How to Select and Protect It’ (10/95). |
Over 24 years of experience in intellectual property, publishing and literary property law.Jessica R. Friedman offers 24 years of experience in the copyright, trademark, licensing, publishing, Internet/new media, and advertising/marketing practice areas. Her clients include digital music, media research, and publishing companies, a national non-profit organization, and individual authors who want an alternative to big-firm rates and fee s…
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