ATTORNEYS
Howard H. Weller

Legal Expertise

Commercial litigation with an emphasis on intellectual property litigation and counseling, with particular expertise representing national and international clients on their copyright and trademark rights in connection with licensing and litigation strategy.

 

Representative Matters

  • Represents The Beatles' company, Apple Corps Limited, throughout the United States in a wide variety of contentious and non-contentious matters, including protection/enforcement of Apple's intellectual property rights.
  • Represents American Society of Composers, Authors and Publishers (ASCAP) in public performance licensing matters and copyright enforcement litigation.
  • Successfully represented Taylor Swift in federal lawsuit brought by former manager.
  • Successfully represented Paramount Pictures Corp. against claims of copyright infringement over use of a song in the film "Into the Wild."
  • Successfully represented members of the original Broadway cast of "Jersey Boys," in connection with claims alleging copyright and trademark infringement and counterclaims for tortious interference with contract against Frankie Valli and the producers of "Jersey Boys."
  • Successfully represented Lyric Street Records, Hollywood Records and musical recording and performing group Rascal Flatts in connection with claims alleging copyright infringement.
  • Obtained injunctive relief for The Beatles' company, Apple Corps Limited, preventing the exploitation of bootleg recordings and the unauthorized use of The Beatles' name, likeness and trademarks.
  • Defeated record companies' motion to dismiss fiduciary duty and fraud claims filed on behalf of Apple Corps Limited, The Beatles' company, in connection with sale of Beatles recordings.
  • Successfully defended recording artist Shawn Carter, p/k/a Jay-Z and Roc-A-Fella Records in action involving allegations of trademark and copyright infringement.
  • Successfully defeated copyright first sale defense to the claims of ownership in the film “The Beatles at Shea Stadium” on behalf of Apple Corps Limited, The Beatles' company. 
  • Represented H.J.M. Hunt, successor of E. H. Shephard, original illustrator of “Winnie the Pooh,” in litigation with Stephen Slesinger, Inc. and Disney Enterprises, Inc. regarding terminations of grants of copyright interest. 
  • Obtained the transfer of domain names to Apple Corps Limited, MPL Communications, Inc., The Estate of George Harrison and Richard Starkey
  • Obtained dismissal of claims filed against producers of Muhammad Ali film “When We Were Kings." 
  • Obtained preliminary injunction for Miramax Films preventing association with “Scream” in advertising for Columbia/Mandalay's “I Know What You Did Last Summer.” 
  • Obtained preliminary injunction preventing defendant from exploiting trademark to “Minton’s Playhouse,” the legendary Harlem jazz club. 
  • On behalf of French Rothschild wine families, defeated defendant’s summary judgment motion in connection with trademark infringement claims over use of “Rothschild” name on defendant’s brandy.
Howard H. Weller

Partner - New York


Email Howard H. Weller


Phone:

  (917) 546-7707

Fax:

  (917) 546-7677
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Education Collapse

  • Benjamin N. Cardozo School of Law, J.D., 1990
    Cardozo Law Review
  • Colorado College, B.A., 1984

Court Admissions Collapse

  • New York, 1992
  • USDC, Southern District of New York, 1993 
  • USDC, Eastern District of New York, 1993

Professional Recognition Collapse

  • "Top 5% of lawyers in New York," New York Super Lawyers (2010)
  • "Top 5% of lawyers in New York," New York Super Lawyers (2010)

Publications and Presentations Expand

Professional, Business, and Civic Affiliations Expand

  • Entertainment Law Committee, New York City Bar Association
  • New York State Bar Association
  • The Copyright Society of USA
  • The Recording Academy
  • International Trademark Association

Other Career Experience Collapse

  • Law Clerk, Honorable Hector M. Laffitte, United States District Court, District of Puerto Rico, 1990-1991
  • Law Clerk, Honorable Hector M. Laffitte, United States District Court, District of Puerto Rico, 1990-1991