Main Menu

Overview

Mort is known for his expertise in copyright, trademark and related intellectual property counseling, negotiation, litigation and legislation. He practices in both traditional intellectual property areas and the newer technologies of software, databases and the Internet.

Honors & Recognitions

Founding Fellow: American Bar Foundation; and American Intellectual Property Law Association

Software and Information Industry Association  - Distinguished Professional Membership Award, Hall of Fame Award for contributions in the field of proprietary rights; Honorary Member

World Intellectual Property Organization: Private sector advisor/representative at WIPO Diplomatic Conference for adoption of WIPO Treaties on copyright and neighboring rights (1996), and at numerous meetings of WIPO Committees of Experts

Former U.S. Governmental advisory positions: State Department Copyright Panel (and Working Group on Berne Convention); Advisory Panels of the Office of Technology Assessment on information technology and intellectual property; Intellectual Property Advisory Committee for the Commerce Department and U.S. Trade Representative; U.S. Copyright Office Advisory Committee on Registration and Deposit, and Panel of Consultants on Revision of the Copyright Law

Best Lawyers in America: 1995 to date, for Intellectual Property Law and Information Technology Law; 2014, as “New York Lawyer of the Year” for Information Technology

Community & Professional Activities

The Copyright Society of the U.S.A. -- Honorary Trustee and Past President; American Bar Association Section of Intellectual Property Law --  former Section Chair, Delegate to the A.B.A. House of Delegates, and Parliamentarian.

Past Board memberships: Computer Law Association; New York Intellectual Property Law Association; American Intellectual Property Law Association; and International Trademark Association (and INTA Past Counsel)

Extensive lecturing  in the U.S. and internationally: Columbia, Harvard, New York University, Stanford and University of Michigan Law Schools; U.S. Copyright Office International Copyright Institute; World Intellectual Property Organization Geneva Academy; and in foreign countries for WIPO, including China, Mexico, Ukraine and Uzbekistan

Experience

Experience

Mort has been counsel for parties or amici, or otherwise involved, in numerous intellectual property cases, including:

  • Latin American Music Co., Inc. v. Archdiocese of San Juan, U.S.D.C. for D.P.R., No. 96-CV-2312 (PG)  - served as Special Master in 2003-2005 in consolidated music copyright cases
  • A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001)  - Napster service on the Internet held a violation of copyright rights of record companies and music publishers
  • Sony Computer Entertainment, Inc. v. Connectix Corp., 203 F.3d 596 (9th Cir. 2000), cert. denied, 531 U.S. 871 (2000)  - applicability of fair use defense to intermediate copying of computer software for reverse engineering
  • Wal-Mart Stores, Inc. v. Samara Bros., Inc., 120 S. Ct. 1339 (2000)  - infringement of unregistered trade dress, secondary meaning required for distinctiveness and protectibility
  • Lotus Development Corp. v. Borland International, Inc., 49 F.3d 807 (1st Cir. 1995); aff'd by an equally divided court, 516 U.S. 233 (1996)  - application of idea/expression dichotomy to computer programs
  • ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996)  - shrink-wrap licenses not preempted by copyright law; licensor's rights enforceable under general contract principles
  • Qualitex Co. v. Jacobson Products Co., 514 U.S. 159 (1995)  - registration of a color as a trademark
  • Gates Rubber Co. v. Bando Chem. Indus., 9 F.3d 823 (10th Cir. 1993)  - proper test for filtration of protectible elements of computer software; non-preemption of trade secret protection by copyright law
  • Sega Enterprises Ltd. v. Accolade, Inc., 977 F.3d 1510 (9th Cir. 1993)  - applicability of fair use defense to intermediate copying of computer programming for reverse engineering
  • Whelan Assocs. v. Jaslow Dental Lab, Inc., 797 F.2d 1222 (3d Cir. 1986), cert. denied, 479 U.S. 1031 (1987) (non-literal copying of computer programs established as copyright infringement)
  • International Business Machines Corp. v. NCR Comten, Inc. and NCR Corp., (C.D. Cal. 83-0563-KN) (settled)  - IBM's claims of copyright infringement and trade secret misappropriation with respect to its computer programs
  • Building Officials  & Code Adm. v. Code Technology, Inc., 628 F.2d 730 (1st Cir. 1980) (due process issue in enforcement of copyright on administrative regulations adopted by Commonwealth of Mass.)

Newsroom

Publications

Education

Yale University Law School (LLB 1954)

Harvard University (BA 1951, magna cum laude; Phi Beta Kappa)

Admissions

  • New York
  • United States Supreme Court
  • United States Courts of Appeals - First, Second, Seventh, Ninth, Eleventh, Federal Circuits
  • United States District Courts - Southern and Eastern Districts of New York
Attorney Search ›
Back to Page