Areas of Expertise:
Intellectual Property Law
Trademark and Copyright Litigation and Licensing
College: Cornell University, 1966, AB
School: Cornell University, 1969, JD
Partner and counsel, Lowenthal, Landau, Fischer & Bring, 1990-1998
Counsel, Stecher Jaglom & Prutzman, 1998-2000
Copyright Law Society: Trustee and Member of the Executive Commitee 2011 - Winner Copyright Society Service Award 2011
ABA Litigation Section; co-chair, Copyright Subcommittee of the Intellectual Property Litigation Committee, 2008-current; winner outstanding subcommittee chair of the Intellectual Property Litigation Committee 2010 - 2011
Association of the Bar of the City of New York, Copyright Law Committee 2005-2008; Federal Courts Committee, 2008-current
Founder, Litigators Club
Brooklyn Heights Synagogue, Trustee, Member of the Executive Committee and First Vice President, 2010
Cornell Law Association, President, 2005- 2007; Executive Committee 1999-2003
Cornell Law School Representative on Cornell University Alumni Trustee Nominations Committee 2003-2007; Cornell Council, 2008-current
Adjunct instructor in trial techniques at Hofstra Law School and National Institute for Trial Advocacy, 1994-current
California and New York
United States Supreme Court
2nd Circuit Court of Appeals
United States District Court, District of Colorado
(212) 702-3167 Phone
(212) 371-1084 Direct Fax
Andrew Berger uses his breadth of experience and creativity to assist his clients to monetize their intellectual property through licensing, joint ventures, sales and related transactions. Andrew also litigates on behalf of those clients to protect their intellectual property from infringement. Many of the cases he has handled successfully are at the cutting edge of the Internet and new technologies.
Further, Andrew has litigated complex commercial matters, including on behalf of the Government of Ecuador, the Women's Professional Tennis Association and a Channel Islands investment company based in Southern Spain.
He graduated from Cornell University and Cornell Law School and is the past president of the Cornell Law Association, the alumni body representing the more than 9,000 graduates of that school.
Andrew currently holds leadership positions in national bar and copyright organizations serving as co-chair of the Copyright Subcommittee of the Intellectual Property Litigation Committee of the ABA’s Litigation Section and as trustee and a member of the executive committee of the Copyright Society of the U.S.A. In 2011 Andrew won the award for the most outstanding subcommittee chair of the Intellectual Property Litigation Committee and also won the Outstanding Service Award from the Copyright Society.
Andrew has lectured on copyright and trademark issues at Cornell Law School, John Marshall Law School in Chicago and at the New School in N.Y. He also taught trial practice at Hofstra Law School for 15 years. He recently became a fellow of the Litigation Counsel of America, is included in Fortune’s 2012 Top Rated Lawyers Guide to Intellectual Property Law, in the 2012 legal elite list
Avenue Magazine, in the
American Lawyer &
Corporate Counsel's 2012 top ranked intellectual property attorney listing, and in
New York Super Lawyers for 2012.
He frequently writes and speaks about intellectual property topics before bar and industry groups, including the Copyright Society, the
PLI Advanced Program on Copyright Law, the
Cornell Entrepreneur Network and the
American Conference Institute. He is often quoted in the
Wall Street Journal and the
National Law Journal about IP issues. Andrew writes an IP blog called
IP In Brief commenting on trends and transformation in copyright and trademark which is at
www.ipinbrief.com. He is also an avid Twitter user; his handle is @IPInBrief.
Over twenty-five years ago Andrew founded the Litigators Club, a group of about twenty lawyers that meets with judges to discuss matters of common concern regarding litigation in the federal and state courts. The judges from the Second Circuit who have been guests of the Litigators Club include Judges Leval, Livingston and Katzmann and Justice Sotomayor, before she joined the Supreme Court. The state court judges who have been guests of the Litigators Club include Chief Judge Jonathan Lippman of the New York Court of Appeals.
Andrew lives in the Cobble Hill section of Brooklyn with his wife, a federal prosecutor, and a hyper-active Border Collie named Buster.
Protecting Your Intellectual Property by Staying Informed and Knowing Your Options, By Albert L. Jacobs, Jr., L. Donald Prutzman and Andrew Berger. Reprinted with permission from:
Inside Newsletter. Fall 2012, Vol. 30. No. 2, published by the New York State Bar Association. One Elk Street, Albany, NY 11207
- How Brands May Navigate the Challenges Raised by ICANN's Domain Name Expansion, E-Alert, July 2012
E-Alert: How to protect your intellectual property from new forms of online infringement and attacks, February 2012, Vol 4. No.1
What Are the Constitutional Limits on Awards of Statutory Damages,
Spring 2011 Edition of the IP and Entertainment Law Ledger published by NYU School of Law
Can We Keep Those Gray Market Goods Out of Here? The Unresolved Tension Between §§ 109 and 602 of the Copyright Act Following the 4-4 Split in Costco v. Omega Reprinted from 81 BNA Patent, Trademark & Copyrigth Journal #2010, 4/8/11.
Don’t Despair: Even Without a Presumption of Irreparable Harm IP Plaintiffs Are Still Likely to Win a Preliminary Injunction After Establishing a Likelihood of Success on the Merits, Reprinted from 80 BNA Patent, Trademark & Copyright Journal # 1974, 7/16/10
New Uses of Old Works: May a Licensee Exploit Previously Licensed Content Without the Consent of the Copyright Owner? Reprinted from 79 BNA Patent, Trademark & Copyright Journal 607, 3/19/10
“Statutory Damages in Copyright Litigation,”
reprinted from 81 NYSBA Journal 30 November/December, 2009
“Is This Legal Alchemy? When a Copy of Another’s Work May Become Transformative for Fair Use Purposes,”
reprinted from 79 BNA Patent, Trademark & Copyright Journal 334 January 22, 2010
- "Statutory Damages in Copyright Litigation: Clearing Up Some Common Misunderstandings,"reprinted from BNA's Patent, Trademark & Copyright Journal, 78 PTCJ 391, July 24, 2009.
- How to Negotiate Your Intellectual Property and Technology Transactions, THSH CLE Program, January 24, 2013
Protecting Your Intellectual Property in the Digital Age, Cornell University, November 12, 2012
- How to Protect your Intellectual Property from New Forms of Online Infringements and Brand Attacks, THSH CLE program, September 12, 2012
Global Intellectual Property (IP) Offshoring Panel Discussion, KPOC, Webinar, February 15, 2012
How do you protect your IP?, February 7, 2012
Protecting Your Brand, Mark and Website in the United States and Abroad, IERG, January 26, 2012
Book, Blog, Tweet? Your New Business Card, Webinar, November 17, 2011
Applying the First Sale Doctrine: John Wiley & Sons, Inc. v. Kirtsaeng, PLI Webcast, November 1, 2011
What alternatives are now available to copyright and trademark owners to combat gray market and counterfeit goods in light of recent First Sale and Related Litigation, BNA Webinar, October 26, 2011
Protecting your Brand and Mark from New Forms of Online Infringements and Attacks, MENG Webinar, October 12, 2011
“Hey That Looks Like Mine: When Is Appropriation Art Infringing,” presented to the 2009 National Conference of the Appraisers Association of America on November 8, 2009.
Contracts from Heaven or Hell-You Choose;presented at the annual meeting of the Association of Medical Illustrators in Bozeman, Montana, July 2007
Rights of Photographers and Visual Artists; presented at an Advanced Seminar on Copyright Law sponsored by Practicing Law Institute, May 2007
he Nuts and Bolts of Protecting Your Copyrights; presented at a seminar sponsored by the National Constitution Center, May 2007
What Litigators Need to Know to Protect Clients in the Internet Age, sponsored by the ABA Litigation Section February 2007
- So Soon After Tasini Another Supreme Court Battle May Loom Over the Reproduction of Freelance Contributions in Electronic Databases; presented at the Copyright Society, 2005
- Copyright Basics; presented to the Annual Meeting of the Association of Medical Illustrators, Los Angeles, 2005
- Protecting Yourself from Copyright Problems; presented to the American Society of Media Photographers, 2004
- Licensing Issues in Copyright; presented at an Editorial Photographers Outreach Program in New York, 2003
- State Civil Procedure Rules Relevant to Federal Court Practice; presented on behalf of the Federal Bar Council to law clerks in the Second Circuit, 2003
- Protecting Your Web Site from Copyright and Trademark Issues; presented at a Design Management Conference, Montreal, Canada, 2000
Ward v. Natl. Geographic Society, 208 F. Supp. 2d 429 (S.D.N.Y. 2002);
Faulkner v. Natl. Geographic Society, 294 F.Supp. 2d 523 (S.D.N.Y. 2003);
Faulkner v. Natl. Geographic Society, 409 F.3d 26 (2d Cir.),
cert den. 126 S.Ct. 833 (2005). These cases involve a CD-ROM product called the Complete National Geographic.
Merana v. Prudential Bache, as reported in
Cresswell v. Sullivan & Cromwell, 704 F. Supp. 392, 408 (S.D.N.Y. 1989). This was a
commodities fraud action against Bache in which the district court disclosed that our client had settled for 93.99% of its losses.