Legal Expertise

Eleanor M. Lackman, Co-Chair of MSK’s Intellectual Property practice group, is a nationally recognized copyright and trademark lawyer who counsels brand owners, content creators, and rights holders across the media, entertainment, sports, consumer-brand, and technology industries. Her approach is different from other IP lawyers in two distinctive ways. First, while some lawyers go deep in either copyright or trademark and refer out the other; Eleanor commands both, reading a matter for the full range of options it presents and choosing — or combining — the most effective one. Second, she treats litigation as one instrument within a company’s broader IP and business strategy, not as an end in itself — assessing each step for whether it serves the business as much as the path to a win, which can mean a license, a settlement, a deterrent, a clearance, or a clean resolution as readily as a verdict. Clients rely on her both as strategic standing counsel between disputes and as a first-chair litigator when the stakes are highest.

That business-minded approach is grounded in both experience and training. For over 20 years, Eleanor has litigated cases from inception through trial and appeal, in courts across the country and before the Trademark Trial and Appeal Board alike, while counseling copyright and brand owners through protection, licensing, enforcement, and monetization of their IP. A recipient of an MBA with a certificate in entertainment, media, and sports from UCLA Anderson, she understands where legal decisions sit within business goals and knows what questions to ask to keep those goals at the forefront of strategy — earning trust from legal departments and business teams alike. Chambers Global and USA have recognized her for more than a decade, including in “Band 1,” for her practicality, creativity, and client service, and her work has drawn recognition from industry trades including Variety and Billboard.

Eleanor is particularly known for her depth in media, entertainment, sports, and technology. She has been at the helm of widely impactful copyright and trademark cases, including the landmark co-authorship case 16 Casa Duse v. Merkin, the leading de minimis use case Gottlieb Dev. LLC v. Paramount Pictures Corp., and Yang v. Mic Network, a fair use decision lauded by the Freedom of the Press Foundation as “a victory for media reporting.” She has secured successful outcomes for recording artists and talent, record labels and music publishers, famous authors, performing rights organizations, motion picture and television studios and distributors, sports leagues and teams, beauty and consumer brands, game and esports companies, digital media and content publishers, and influencer and NIL agencies, among other enterprises. Major industry players routinely call on her to draft amicus briefs in the most closely watched copyright and trademark cases in the country.

Her depth at the intersection of IP and technology spans counseling and enforcement for e-commerce and software companies; a summary judgment ruling on the contours of the DMCA; service as counsel in Cartoon Network v. CSC Holdings (the “Cablevision” case) and Tiffany v. eBay; and amicus briefs in Warhol Foundation v. Goldsmith, Oracle v. Google, WNET v. Aereo, Authors Guild v. Google, Capitol Records v. ReDigi, and Viacom v. YouTube, among others. She regularly counsels clients on artificial intelligence, retransmission technologies, deepfakes, linking and embedding, online advertising and regulation, Section 230, and other areas where copyright and trademark law meet new technology.

Beyond media, entertainment, and technology, Eleanor advises clients across a wide range of industries — handling more than 100 matters at the TTAB and counseling on thousands of trademark records for clients in fields including consumer products, fashion and beauty, food and beverage, financial services, real estate, restaurants, toys and games, travel and leisure, and telecom. She has held leadership positions with the Copyright Society (where she serves as Vice President/President-Elect), INTA, Volunteer Lawyers for the Arts, and Fordham’s Center on Law and Information Policy, and is a frequent speaker for organizations from SXSW to PLI. Her publications include continuously updated practice notes on copyright and trademark injunctive relief for Practical Law Company.

Representative Matters

Most of Eleanor’s work centers on two areas: litigation arising in copyright, trademark, false advertising, right of publicity, First Amendment, and related fields; and trademark and copyright counseling and strategy relating to the protection and maximization of IP assets, including counseling on brand development and rebranding, trademark clearance and protection, brand enforcement and anti-counterfeiting, risk assessment and mitigation, and licensing, acquisitions, and sales of trademark and copyright assets. All selected matters listed below involve Eleanor as lead counsel.

IP and Related Litigation

• On motion to dismiss and appeal, prevailed on fair use defense against copyright infringement claim regarding media company’s use of photograph in online article. (Yang v. Mic Network, Inc., S.D.N.Y., 2d Cir.)
• At trial, defeated effort by energy drink company to block registration of logo associated with world champion professional basketball team. (Monster Energy Co. v. Maple Leaf Sports & Entertainment Ltd., T.T.A.B.)
• Obtained summary judgment ruling that platform for licensing of works submitted by third parties was protected by DMCA safe harbor. (Steinmetz v. Shutterstock, Inc., S.D.N.Y.)
• Won motion to dismiss idea submission and misappropriation claims relating to sports app. (Norris v. NBA Properties, Inc., S.D.N.Y.)
• On behalf of media company, won affirmance of motion to dismiss contract and trademark claims brought by alleged co-creator of website. (Kim v. Francis & BDG Media, Inc., N.Y. 1st Dep’t)
• Defeated effort by company to unmask anonymous authors on financial news website; won ruling that postings were protected opinion. (Rekor Systems, Inc. v. Seeking Alpha, Inc., N.Y. County)
• On summary judgment, won ruling upholding meaning of client agreements pertaining to influencer marketing services; full damages and interest awarded. (The Influential Network, LLC v. Darkstore, LLC, C.D. Cal.)
• Procured pre-hearing denial of preliminary injunction motion pertaining to false advertising claims; plaintiff dropped case shortly thereafter. (Quinton Holdings v. Axys Golf LLC, D. Colo.)
• Won landmark copyright ruling for motion picture production company against contributor to film, including winning preliminary injunction, summary judgment and two appeals. (16 Casa Duse, LLC v. Merkin, S.D.N.Y., 2d Cir.)*
• Won summary judgment and appeal in defending against copyright and contract claims asserted against famous hip-hop artist and producer concerning record label logo. (Walker v. Carter, S.D.N.Y., 2d Cir.)*
• Retained by the Authors Guild to represent author in defending against preliminary injunction motion seeking to enjoin use of claimed trademark for book titles; preliminary injunction denied. (Hop Hop Productions v. Kneupper, S.D.N.Y.)*
• Won motion to dismiss claims asserted against media company on statute of limitations and other grounds. (Minden Pictures, Inc. v. BuzzFeed, Inc., S.D.N.Y.)*
• Won breach of contract and copyright infringement case on behalf of artist’s estate against art dealer; injunctive relief and significant money damages awarded on motion for summary judgment. (Al Hirschfeld Foundation v. Margo Feiden Galleries Ltd., S.D.N.Y.)*

IP Protection, Enforcement, and Counseling

• Obtained preliminary and permanent injunction and significant settlement payment in counterfeiting and trademark infringement case. (Provenance NGC v. Albright, S.D.N.Y.)
• Serving as outside counsel for enforcement of IP rights on behalf of several major sports leagues.
• Advising on corporate policies relating to use of generative AI.
• Representing companies and nonprofit organizations in a variety of industries on brand adoption, trademark clearance, worldwide trademark portfolio filing and management, IP licensing, and brand enforcement online, offline, and at the borders.
• Counseled leading sports NIL marketing agency on terms, rights, disclosures, and deal negotiation.
• Advising several companies and their business teams on video and music usage, statutory law, licensing, and fair use.
• Secured transfer and disabling of several dozen domain names from infringers and cybersquatters via various domain mechanisms.
• Following trial and hearing at the Trademark Trial and Appeal Board, procured ruling denying registration of confusingly similar trademark. (Cards Against Humanity, LLC v. Vampire Squid Cards LLC, T.T.A.B.)*
• Drafted amicus briefs on behalf of industry organizations in major copyright and trademark cases including The Andy Warhol Foundation v. Goldsmith; Oracle USA v. Google; Mission Product Holdings Inc. v. Tempnology, LLC*; Fourth Estate Public Benefit Corp. v. Wall-Street.com*; Rimini Street Inc. v. Oracle USA Inc.*; VHT v. Zillow*; Capitol Records v. ReDigi*; Disney Enterprises v. VidAngel*; WNET v. Aereo*; Fox Television Stations v. FilmOn X*; Viacom v. YouTube*; Authors Guild v. HathiTrust*; and Cambridge University Press v. Becker*.
• Procured nine-figure settlement for client in copyright infringement dispute.*
• Led global trademark clearance, prosecution and re-branding project for spin-off of division of leading hotel and resort company.*
• *Denotes matters handled prior to joining MSK

Honors & Awards

• "Top Intellectual Property Lawyers," Daily Journal (2026)
• "Leading Lawyer," Intellectual Property: Trademark and Copyright - USA, Chambers Global Guide, 2022-2026
• “Leading Lawyer," Intellectual Property: Trademark, Copyright & Trade Secrets – USA Nationwide & New York, Chambers USA, 2014-2026
• “Leading Lawyer,” Media & Entertainment: Litigation, New York, Chambers USA, 2022-2026
• "Recommended Individual," Enforcement and Litigation (NY), World Trademark Review 1000, 2020-2026
• "Top 250 Women in IP 2025," Managing IP, 2025
• "Top Copyright Star," Managing IP, 2021, 2024-2025
• "Top Trademark Star," Managing IP, 2021, 2024-2025
• "Outstanding IP Practitioner," World Intellectual Property Review Leaders Directory, 2023-2025
• "Recommended," Contentious and Non-Contentious Categories, WIPR Insights Trademarks Rankings: USA, 2025
• “Top 100: New York — Metro,” Super Lawyers®, 2018-2023
• “Top 250 Women in IP Worldwide," Managing IP, 2019-2021
• "Notable Women in Law," Crain’s New York Business, 2019 and 2020
• "Top Music Lawyers," Billboard, 2021
• “Best Lawyer, Trademark Law,” Best Lawyers in America®, 2019-2026
• “Best Lawyer, Copyright Law,” Best Lawyers in America®, 2018-2026
• “Best Lawyer, Litigation - Intellectual Property,” Best Lawyers in America®, 2026
• “Top 50: Women New York — Metro,” Super Lawyers®, 2017-2021
• “Super Lawyer, Intellectual Property Litigation,” New York, Super Lawyers®, 2013-2021
• “IP Star," Managing IP, 2018-2020
• “Trailblazer,” New York Law Journal, 2019
• “Elite Boutique Trailblazer,” National Law Journal, 2018
• “Legal Impact Report,” Variety, 2017
• “Best in Copyright,” America's Women in Business Law Awards, LMG Euromoney, 2017
• “Rising Star, Media & Entertainment," Law360, 2016 and 2017
• “Hollywood’s New Leaders,” Law & Finance, Variety, 2016
• “Rising Star, Intellectual Property Litigation,” New York, Super Lawyers, 2012

Professional, Business and civic Affiliations

• Copyright Society: Treasurer/VP of Finance (2024-2026); Co-National Chapters Coordinator (2016-2018); Past Officer; Past Trustee (two terms); Co-Chair, New York Chapter (2014-2016); Chair of Membership Committee (2009-2014)
• International Trademark Association (INTA): Emerging Issues Committee (2024-2025); Anti-Counterfeiting Committee (2020-2021); International Amicus Committee (2016-2019); Internet Committee (2012-2015)
• Co-Chair, Sports Law Committee, New York City Bar Association (2020-2023)
• Board Member, Volunteer Lawyers for the Arts (NY)
• Fordham Center on Law and Information Policy (CLIP), Board of Advisors
• Media Law Resource Center (MLRC), Litigation and Copyright & Trademark Committees
• Member, Los Angeles Copyright Society 
• Copyright Alliance, Amicus Committee
• National Academy of Recording Arts & Sciences, Entertainment Law Initiative Judge
• New York University Polytechnic Institute, Adjunct Professor

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