Marc Ackerman

Partner

Marc E. Ackerman is a partner in O’Melveny’s New York office and a member of the Intellectual Property and Technology Practice within the Litigation Department.  Marc focuses his practice on intellectual property disputes and commercial litigation—ranging from false advertising to trademark, copyright, patent, and unfair competition disputes—at both the trial and appellate levels.  He also has extensive experience in libel and First Amendment matters, and regularly practices before the US Patent and Trademark Office and the National Advertising Division of the Better Business Bureau.  

Marc’s clients span a wide variety of industries, and have included major financial institutions, top credit card companies and manufacturers of such diverse products as semiconductors, chocolate and building products.  He has particular experience representing major sports leagues and their member clubs, as well as sports-related media companies.

Illustrative Professional Experience

• Defended publishing company against claims of trademark infringement by a weight loss system company based on the title of a nutrition book; successfully defeated motion for TRO and case resolved favorably after submission of preliminary injunction briefing
• Defending leading computer and electronics company against patent infringement claims
• Defended computer and electronics company against trademark infringement claim; case resolved favorably, client dismissed with no liabilty or damages
• Advising fashion designer on intellectual property aspects of debt restructuring, and negotiating associated trademark and right of publicity licenses
• Representing a leading fabless semiconductor company in industry-wide patent dispute over wireless technology in the Eastern District of Texas
• Represented a leading provider of communications services in multiple false advertising disputes
• Represented international financial services company as intervenor in dispute over US$200 million dollar sponsorship of the World Cup, in the Southern District of New York, Second Circuit and in parallel international arbitration
• Represented leading sports network in securing a TRO and preliminary injunction against toy manufacturer selling infringing merchandise in the Southern District of New York
• Secured jury verdict of zero dollars in favor of a major sports league and one of its member clubs in Maryland District Court jury trial concerning copyright infringement of franchise logo; secured summary judgment in related consolidated cases involving over 450 defendants alleging damages from use of infringing logo; verdict and judgment upheld on appeal to 4th Circuit
• Represented Polish magazine publisher against defamation claims brought by daughter and son-in-law of Polish presidential candidate in the District of South Carolina
• Defended national football franchise against trademark claims brought by Native American petitioners in the U.S. Patent and Trademark Office, D.C. District Court and D.C. Circuit
• Defended major candy company against claims alleging trademark infringement on candy packaging; parallel actions in District Courts in Maryland and Texas
• Represented a top European publisher, in defamation action brought by the former Swiss Ambassador to Germany and his wife, a former Miss Texas, in the Northern District of Texas and Fifth Circuit

Professional Activities

Admitted to Practice,  US District Court, Southern, Eastern and Western Districts of New York; US Court of Appeals, District of Columbia, Second, Fourth, Fifth, Sixth, Ninth and Federal Circuits; US Supreme Court
Chair,  Sports Law Committee, Association of the Bar of the City of New York (2005-2008); Edgemont School Board Nominating Committee (2010-2012)
Coordinator,  International Trademark Association, Lefkowitz Trademark Moot Court Competition (2002-2008)
Member,  American Bar Association, Intellectual Property Section; International Trademark Association; Media Law Resource Center
Secretary,  Committee on Judicial and Professional Ethics, Association of the Bar of the City of New York (1992-1993)
First Vice President and Director,  Edgemont Community Council (2009 - present)
Intern,  Honorable Shirley Wohl Kram, U.S. District Court for the Southern District of New York
Author, "Stayart v. Yahoo! Inc., et al.," E-Commerce Law Report, Vol. 9, Issue 4 (October 2009)(co-author); “Trademark Infringement and the Legal Bases for the Recovery of Economic Damages,” Economic Damages in Intellectual Property: A Hands-On Guide to Litigation (November 2006)(co-author); “The Trademark Dilution Revision Act of 2006 Clarification and Expansion of the Fair Use Exception,” MRLC Media Law Letter, (October 31, 2006)(co-author); “A Million Little Lawsuits?,” The National Law Journal (April 24, 2005); “A Million Little Lawsuits?,” Publishers Weekly (April 24, 2006); “No Jurisdiction Over German Publishers In Texas,” Libel Defense Resource Center’s MediaLawLetter (February, 2004)(co-author); “Reverse Passing Off: Dastar Tests the Tension Between Trademark and Copyright Law,” Media Law Resource Center Bulletin (January 2004)(co-author); “Trademarks,” Kirk-Othmer Encyclopedia of Chemical Technology (co-author); “Zero Damages Award in Copyright Infringement Suit,” Libel Defense Resource Center’s MediaLawLetter (September 2002)(co-author); “Second Circuit Grants Media Access to Deposition Transcripts of Top NYSE Officials,” Libel Defense Resource Center's MediaLawLetter (December 2001)(co-author);“Washington Redskins Challenge Scheduled Cancellation of ‘Redskins’ Registrations as Disparaging to Native Americans,” New York State Bar Association's Bright Ideas (Fall 1999)(co-author);“Washington Redskins Challenge Scheduled Cancellation of ‘Redskins’ Registrations as Disparaging to Native Americans,” Libel Defense Resource Center's MediaLawLetter (June 1999)(co-author)
Honors,  Leading Individual, Media and Entertainment (Sports), Legal 500 USA (2007 - 2010); Mentioned Individual, Intellectual Property (Copyright), Legal 500 USA (2011)
Thurgood Marshall Award for representation of indigent persons sentenced to death (1998)