Marc J. Rachman of Davis & Gilbert LLP

Marc J. Rachman of Davis & Gilbert LLP

Marc J. Rachman is a partner in the Litigation and Intellectual Property Practice Groups of Davis & Gilbert.  Mr. Rachman has represented clients in a wide variety of complex commercial litigations. His litigation practice focuses on intellectual property matters, including trademark and copyright infringement, false advertising, entertainment, domain name disputes, and trade secrets.  Mr. Rachman has also handled disputes concerning complex commercial matters, the enforcement of advertising agency-client agreements, employment contracts and restrictive covenants and real estate disputes.

In counseling clients to avoid litigation, he has developed document retention policies and electronic media retention protocols in accordance with the Sarbanes-Oxley Act and other federal and state laws.  Mr. Rachman has been lead and second chair trial counsel in both jury and bench trials and has argued appeals before the U.S. Court of Appeals for the Second Circuit, the Ninth Circuit and the Appellate Division of the New York State Supreme Court.

Mr. Rachman has been recognized as a leading lawyer for intellectual property: trademark & copyright law by Chambers USA: America’s Leading Lawyers for Business (2014-2015). He has also been recognized by The Legal 500 U.S.(2012-2014) in the area of advertising and marketing, where his IP litigation strength was highlighted. He was also selected as a Super Lawyer by New York Metro Super Lawyers (2012-2015).

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Battling the Real “Fake News”: FTC Reaches Multi-Million Dollar Settlement with Internet Marketers for False Celebrity Endorsements

Unfortunately, the unauthorized use of a celebrity’s name and image has become a deceptive advertising practice frequently used by dishonest online marketers. This type of ad typically claims (falsely) that a public figure has used or endorsed what is billed as the latest miracle weight loss supplement or wrinkle-reducing cosmetic. Going after these bad actors … Continue Reading

U.S. Supreme Court Sets the Bar Higher for Obtaining Damages for Design Patent Infringement

Bottom Line:  The Supreme Court’s decision sets the bar higher for design patent holders to recover for infringement and opens the door to apportionment of damages. Parties looking to file for design patents will likely consider claiming their patents more broadly, in order to avoid the specter of reduced damages in the event the design … Continue Reading

Second Circuit Narrows ‘Red Flag Knowledge’ Exception to DMCA’s Safe Harbor Protections for ISPs

In a long-standing case brought against the video platform Vimeo by several music publishers, the U.S. Court of Appeals for the Second Circuit recently set the bar high for copyright owners to succeed in their infringement claims against service providers based on allegations of “red flag knowledge.” The Second Circuit, shedding some light on what is … Continue Reading

Expanding Reach of the Copyright Fair Use Defense

Fair use allows for the unauthorized copying of a copyrighted work in limited circumstances. Historically, examples of fair use have included copying for the purposes of criticism, comment, parody, news reporting, teaching, scholarship, or research. Now the application of the fair use defense applies far beyond this. Two court decisions in 2015 illustrate the expanding … Continue Reading
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