Areas of Expertise:
Intellectual Property Law
Trademark and Copyright Litigation and Licensing
Commercial Litigation
Education:
College: Cornell University, 1966, AB
Law
School: Cornell University, 1969, JD
Prior Affiliations:
Partner and counsel, Lowenthal, Landau, Fischer & Bring, 1990-1998
Counsel, Stecher Jaglom & Prutzman, 1998-2000
Memberships:
Professional:
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
Civic:
Brooklyn Heights Synagogue, Trustee, Member of the Executive Committee and First Vice President, 2010
Others:
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
Bar Admissions:
California and New York
United States Supreme Court
2nd Circuit Court of Appeals
United States District Court, District of Colorado |
|
Andrew Berger
Counsel
(212) 702-3167 Phone
(212) 371-1084 Direct Fax
Andrew Berger has extensive experience in intellectual property litigation, licensing and commercial litigation. His clients include publishers, content creators, illustrators, filmmakers, including a 2010 Academy Award winner, advertising agencies, software developers and new media companies. He helps his clients enforce their rights when others have infringed his clients' intellectual property without permission. Andrew also assists his clients to monetize their intellectual property through licensing, joint ventures, sales and related transactions.
Further, Andrew he has extensive commercial trial experience. His clients in complex commercial litigation have included a Latin American government, the Women's Professional Tennis Association and a Channel Islands investment company. Andrew has also been teaching trial practice at Hofstra Law School for the past 15 years.
Andrew is a graduate of Cornell University and Cornell Law School and is the past president of the Cornell Law Association, the alumni body representing the 9,000 graduates of that school.
Andrew was recently elected as a Trustee and a member of the Executive Committee of the Copyright Society of the U.S.A. Andrew serves as a co-chair of the Copyright Subcommittee of the IP Litigation Committee of the Litigation Section of the ABA. He is also a member of the Federal Courts Committee of the New York City Bar having completed a three-year term on the Copyright Committee. Andrew frequently writes and speaks about intellectual property topics before bar and other industry groups, including the Copyright Society of the U.S.A. , the
PLI Advanced Program on Copyright Law, the
Cornell Entrepreneur Network
and the
American Conference Institute and over the past few months has been quoted in the
Wall Street Journal and the
National Law Journal about IP issues. The
October 2010 issue of Avenue Magazine listed Andrew as one of New York's top litigators. His published articles may be found
here. Andrew also serves a mediator in the federal and state courts.
He is also the author of an intellectual property blog called IP In Brief at
http://www.ipinbrief.com/
Publications:
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.
Presentations:
“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
-
T
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
Significant Matters:
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.
|
|
|