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Eleanor M. Lackman

Experience

Legal Expertise

Eleanor M. Lackman is a nationally recognized practitioner in IP, media, and entertainment law. Her practice encompasses media and entertainment defense, copyright and trademark litigation and counseling, and trademark branding, prosecution, and licensing. She is a skilled advocate, having successfully argued and won multiple high-profile federal appeals, preliminary injunction motions, and other motions on the merits, in addition to repeatedly securing victories as lead trial counsel. The media and entertainment industries routinely call on her to draft amicus briefs in the most closely watched cases in the country, while major brand owners in a wide range of industries entrust her with their branding, counseling, licensing, prosecution, and enforcement needs.

From developing creative, cost-effective strategies in litigating and resolving disputes, to advocating for and ensuring diversity in the firm and in the legal profession, forward-thinking clients trust Eleanor to work closely with the business to achieve their goals while strongly advocating for them in the courts, the U.S. Patent & Trademark Office, and arbitral bodies to procure successful results. As part of her commitment to the media, entertainment, sports, and technology industries, Eleanor splits her time between MSK’s offices in New York and California, and she is admitted to practice in both states.

She is also very active in the legal bar. Eleanor has served as co-chair of the largest chapter of the Copyright Society of the USA (CSUSA) and is presently serving her second term with the organization as a trustee. Among her frequent speaking engagements and publications, she has given annual IP licensing presentations at the Practising Law Institute (PLI) for more than a decade and for several years has authored continuously maintained practice notes on copyright and trademark injunctions with Practical Law Company. Eleanor has served consecutive terms with the International Trademark Association’s Internet and International Amicus Committees, sits on the Copyright Alliance’s Amicus Committee, is a part of the Board of Advisors to Fordham’s Center on Law and Information Policy, and has been a member of the National Academy of Recording Arts & Sciences for over 15 years.

Representative Matters

MEDIA & ENTERTAINMENT DEFENSE

  • Argued, briefed, and won two appeals at Second Circuit in 16 Casa Duse v. Merkin, a landmark case involving rights in collaborative works.*
  • Defeated trademark infringement claim and TTAB appeal in federal court over name of professional basketball team.*
  • On motion to dismiss, defeated contract and trademark claims brought against media company; fees awarded to client.*
  • Represented e-sports company in trademark infringement suit; obtained favorable resolution on eve of trial.*
  • Successfully resolved or won dismissal of dozens of photography claims against media companies, including procuring key ruling on statute of limitations in online copyright lawsuits.*
  • Won summary judgment and appeal in defending against copyright and contract claims asserted against famous rap artist concerning record label logo.*
  • Retained by Authors Guild to represent author in defending against preliminary injunction motion seeking to enjoin use of term for book titles; preliminary injunction denied.*
  • Won dismissal of defamation and related claims against online media company.*
  • Defended and favorably resolved several copyright and trademark lawsuits and other claims asserted against major social media news outlets.*
  • Successfully defeated an action, based on alleged trademark infringement, for a temporary restraining order and preliminary injunction that threatened U.S. distribution of Oscar®-nominated film.*
  • Won motion to dismiss copyright and trademark infringement claims brought by pinball machine manufacturer against major motion picture studio over set dressing in film.*
  • Defended leading analytics company against claims of breach of contract and trademark infringement, resulting in favorable settlement.*

TRADEMARK & COPYRIGHT ENFORCEMENT

  • For top-selling card game company, obtained significant settlement and public confession of liability from U.S. and internationally based counterfeiters of card game.*
  • Following trial and hearing at the Trademark Trial and Appeal Board, procured ruling denying registration of confusingly similar trademark.*
  • Won injunctive relief on behalf of software company against financial institution over unlicensed use of client’s software.*
  • Obtained preliminary injunction, summary judgment, and significant monetary award on behalf of estate of famous illustrator against unauthorized reproductions and loss of works.*
  • Procured nine-figure settlement for client in copyright infringement dispute.*
  • Serving as outside counsel for enforcement of IP rights on behalf of several major sports leagues.*
  • Represented major music company in trademark infringement action with concurrent TTAB proceeding, including dismissal of defenses, rejection of early motions, and favorable resolution.*
  • Successfully resolved claims of copyright infringement asserted against prominent fashion brands.*
  • Obtained several dozen domain names from infringers and cybersquatters via UDRP, URS and other domain mechanisms.

IP & NEW TECHNOLOGY

  • Counseled major music industry association on online music usage issues.*
  • Drafted amicus briefs in major Supreme court cases. including Fourth Estate Public Benefit Corp. v. Wall-Street.com and Rimini Street Inc. v. Oracle USA Inc. 
  • Drafted amicus briefs on behalf of industry organizations in VHT v. Zillow; Capitol Records v. ReDigiDisney Enterprises v. VidAngelWNET v. AereoFox Television Stations v. FilmOn XWNET v. FilmOn; Windows to the World v. FilmOn; Viacom v. YouTubeAuthors Guild v. HathiTrust; and Cambridge University Press v. Becker.*
  • Advised broadband company on statutory music licensing provisions.*
  • Counseled major social media platform on music licensing issues.*
  • Advised media client on rights issues pertaining to “over-the-top” television offerings.*
  • Represented litigants in cutting-edge copyright and trademark cases, including Cartoon Network LP v. CSC Holdings, Inc. (“Cablevision”) (copyright issues arising from offering of “remote-storage DVR,” 2d Circuit, S.D.N.Y.) and Tiffany (NJ) Inc. v. eBay Inc. (secondary liability relating to counterfeiting on websites, 2d Circuit, S.D.N.Y.).*

IP COUNSELING & STRATEGY

  • Led global trademark clearance, prosecution and re-branding project for spin-off of division of leading hotel and resort company.*
  • Developed international brand rollout and protection for multi-product offering for household goods.*
  • Conducted trademark due diligence and counseling for new tagline for major international alcoholic beverage company.*
  • Acting as general counsel for author regarding trademark and copyright rights in highly successful young adult books and related motion pictures.

*Denotes matters handled prior to joining MSK.

Honors & Awards

  • “Leading Lawyer," Intellectual Property: Trademark and Copyright, Chambers USA, 2014-2019
  • “Top 250 Women in IP Worldwide," Managing IP, 2019
  • Trailblazer,” New York Law Journal, 2019
  • “Notable Women in Law," Crain’s New York, 2019
  • “Elite Boutique Trailblazer,” National Law Journal, 2018
  • “IP Star," Managing IP, 2018-2019
  • “Best Lawyer, Copyright Law,” Best Lawyers in America, 2017-2019
  • “Best Lawyer, Trademark Law,” Best Lawyers in America, 2019
  • “Top 50: Women New York — Metro,” Super Lawyers®, 2017-2018
  • “Top 100: 2018 New York — Metro,” Super Lawyers®, 2018
  • “Legal Impact Report,” Variety, 2017
  • “Best in Copyright,” Americas Women in Business Law Awards, LMG Euromoney, 2017
  • “Hollywood’s New Leaders,” Law & Finance, Variety, 2016
  • “Rising Star, Media & Entertainment," Law360, 2016-2017
  • “Super Lawyer, Intellectual Property Litigation,” New York, Super Lawyers, 2013-2016
  • “Rising Star, Intellectual Property Litigation,” New York, Super Lawyers, 2012

Professional, Business and civic Affiliations

  • Copyright Society of the USA: Trustee; Co-National Chapters Coordinator (2016-2018); Past Officer; Co-Chair, New York Chapter (2014-2016); Chair of Membership Committee (2009-2014)
  • International Trademark Association (INTA): International Amicus Committee (2016-2019); Internet Committee (2012-2015)
  • Media Law Resource Center (MLRC), Litigation and Copyright & Trademark Committees
  • Copyright Alliance, Amicus Committee
  • Fordham Center on Law and Information Policy (CLIP), Board of Advisors
  • National Academy of Recording Arts & Sciences, Entertainment Law Initiative Judge
  • New York University Polytechnic Institute, Adjunct Professor

Other Career Experience

  • Cowan DeBaets Abrahams & Sheppard LLP, 2011-2019
  • Hogan Lovells US LLP, 2009-2011
  • Arnold & Porter LLP, 2005-2009
  • Loeb & Loeb LLP, 2003-2005

Headlines

Publications

Events & Speaking Engagements

Admissions

  • California
  • New York
  • U.S. District Court
  •       Northern District of California
  •       Central District of California
  •       Southern District of New York
  •       Eastern District of New York
  •       Northern District of New York
  •       Western District of New York     
  • U.S. Court of Appeals
  •       Second Circuit
  •       Fourth Circuit
  •       Seventh Circuit
  •       Ninth Circuit
  •       Federal Circuit
  • U.S. Supreme Court

Education

Fordham University School of Law, J.D., 2003

Rollins College, A.B. Hon., magna cum laude, 2000

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