Legal Expertise

Lindsay R. Edelstein is an associate in the firm’s Entertainment & IP Litigation Practice Group where she represents clients in a broad spectrum of copyright, trademark, and related litigation matters in a range of industries, including fashion and beauty, luxury, travel, technology, media, publishing, music, and entertainment.  She also regularly represents clients in domestic and international trademark matters, assisting with the selection, clearance, prosecution, registration, and maintenance of trademarks.  Lindsay’s experience includes serving as counsel in both federal and state courts, as well as before the Trademark Trial and Appeal Board.

Representative Matters

Copyright and Trademark Litigation

• Successfully resolved or won dismissal of many photography claims against media companies, including procuring key rulings on statute of limitations and fair use.*
• Represented online travel booking website in trademark infringement action against competitor using website’s registered marks as search engine advertising keywords.*
• On motion to dismiss, defeated contract and trademark claims brought against large media company, and secured an award of costs and fees in favor of client.*
• Successfully enforced trademark and trade dress rights of top-selling card game creator against manufacturer of infringing game.*
• Following trial, procured favorable ruling on the appropriate damages calculation and the availability of attorney’s fees awards in copyright cases.*

• Fourth Estate Public Benefit Corp. v. Wall-Street.com.  Filed an amicus brief on behalf of 13 artists’ rights organizations in case involving interpretation of whether registration of a copyright claim “has been made” pursuant to Section 411(a) of the Copyright Act upon the filing of an application or upon the issuance of a registration certificate.*
  
  

Digital Media, Media Defense, and Domain Name Disputes

• Provided counseling and legal defense on behalf of various media organizations against copyright, trademark and defamation claims, including settlement negotiations and litigation defense.*
• Secured the transfer of infringing domain names from cybersquatters on behalf of music artists, television/film talent, photographers, game designers, and fashion designers through UDRP procedures.*
  
  

General Media, Entertainment and Music Litigation and Counseling

• Provided counseling and advice, and engaged in settlement negotiations on behalf of film, digital media and television producers in various contract disputes with co-producers, financiers, directors, editors, and talent in contract disputes with co-producers, financiers, directors, editors and talent.*
• Assisted musician seeking to recoup unpaid royalties for co-writing and performing on song featured in chart-topping album.*

General IP Advice and Strategy

• Conducted trademark searches, clearance, and risk assessments.*
• Registered trademarks with USPTO.*
• Applied to register copyrighted works with the Copyright Office and assisted clients in terminating grants or transfers of copyrights.*
• Provided counseling in connection with various copyright issues, including assessing public domain status of works, fair use of copyrighted works, and protectability of new works.*

*Denotes matters handled prior to joining MSK.

Honors & Awards

• "Ones to Watch," Best Lawyers in America© in:
  • Intellectual Property Law (2021-2024)
  • Litigation - Intellectual Property (2024)
• “New York Metro Rising Star," Super Lawyers, 2018-2024

Professional, Business and civic Affiliations

• Chair, New York City Bar Association, Copyright and Literary Property Committee (2022-2025)
• Member, International Trademark Association (INTA), Right of Publicity Committee (2022)
• Member, New York City Bar Association, Copyright and Literary Property Committee (2018-2021)
• Member, Media Law Resource Center (MLRC), Media, Copyright & Trademark Committee
• Member, Copyright Society of the USA (CSUSA)

Other Career Experience

• Associate, Litigation, Cowan DeBaets Abrahams & Sheppard LLP
• Associate, Mound Cotton Wollan & Greengrass LLP
• Judicial Intern, Chambers of The Honorable Harold Baer, Jr. (S.D.N.Y.)
• Prior to law school, Lindsay spent several years working in the entertainment industry, including positions at the New York Post, Creative Artists Agency and on the Showtime series “Californication.”

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