-
-
Practices
-
Education
New York Law School (J.D. 2002; summa cum laude, Victor Herbert Copyright Scholarship, Notes and Comments Editor, New York Law School Law Review, ASCAP Nathan Burkan Memorial Writing Competition - First Place)
New England Conservatory of Music (M.M. 1997)
State University of New York at Binghamton (B.A. 1994, cum laude)
-
Bar & Court Admissions
New York
United States District Court - Southern and Eastern Districts of New York
United States Court of Appeals - Second Circuit, Ninth Circuit
-
Eric J. Shimanoff
Partner
Download V-Card Email: ejs@cll.com- 1133 Avenue of the Americas New York, NY 10036-6799 Ph: 212.790.9226Fax: 212.575.0671
Eric is a litigator with a broad range of experience, focusing primarily on intellectual property matters, including copyright, trademark, unfair competition, patent, right of publicity and Internet-related issues.
Eric has counseled and litigated on behalf of clients in a wide range of industries, including music, fashion, sports, pharmaceutical, healthcare, software, retail, video game, publishing, entertainment, candy and confections, apparel, automotive, scientific research, art and various consumer products.
Eric has extensive experience in both state and federal courts, in contested proceedings before the Trademark Trial and Appeal Board and in UDRP domain name dispute proceedings before the World Intellectual Property Organization and the National Arbitration Forum. Eric also conducts clearances and prosecutes applications for trademarks and copyrights worldwide.
Eric has worked on several matters seeking to provide rights for gays and lesbians, including: assisting in drafting a Supreme Court amicus brief for petitioners in Lawrence v. Texas; represented five same-sex couples seeking marriage rights in New York in Hernandez v. Robles; represented the same-sex domestic partner of a 9/11 victim in a suit seeking determination of the proper distribution of an award disbursed by the Federal Victim Compensation Fund in Cruz v. McAneney.
-
-
Cases
Representative recent published opinions include the following:
Dessert Beauty, Inc. v. Fox, 568 F. Supp. 2d 416 (S.D.N.Y. 2008) – obtained summary judgment for declaratory judgment plaintiffs cosmetics and fragrance manufacturer Dessert Beauty, Inc. and retailer Sephora USA, Inc. dismissing federal and state trademark claims finding plaintiffs’ use of the term “love potion” on and in connection with two of Dessert Beauty’s DESSERT beauty products constituted descriptive fair use under the Lanham Act. (Affirmed, 2009 U.S. App. LEXIS 16639 (2d Cir. July 29, 2009))
Cruz v. McAneney, 31 A.D.3d 54, 816 N.Y.S.2d 486 (2d Dep’t 2006) – obtained affirmation of lower court’s denial of defendant’s motion to dismiss claim brought by surviving domestic partner of a victim of the September 11, 2001 terrorist attacks on the World Trade Center against personal representative of decedent to recover her share of a half-million dollar award granted by September 11th Victim Compensation Fund. Appellate Division held that New York State legislature specifically intended “that domestic partners should be compensated from the Fund for the loss of their loved ones.” -
Prior Experience
Kramer Levin Naftalis & Frankel LLP - Associate (2002-2005)
BMG Entertainment - Legal Intern (1999)
Prior to becoming an attorney, Eric taught music and musical theatre at a performing arts high school in Manhattan and directed and musical directed several musicals in New York and Boston. -
Articles & Speeches
Speeches
“Trademark Basics” – CLE Program entitled Bridge-the-Gap for Newly Admitted New York Attorneys, Practicing Law Institute (January 9, 2012)
“Recent Fashion Industry Cases” – CLL Fashion Seminar entitled Hot Topics - Selected Issues for the Fashion Industry (June 15, 2011)'Chloe v. Queen Bee: An Important New Decision on Counterfeit Infringement over the Internet' – CLE Program, Law Seminars International (October 6, 2010)
Articles
'Reflections on the Use of Trademarks in Social Networking Website Vanity URLs.' NYSBA’s Bright Ideas, Spring/Summer 2011 (Reprinted with Permission)
Client Alert: 'Protect Your Brand from Appearing in a New .XXX Adult Entertainment Domain Name' (April 2011)'The Odd Couple: Postmodern Culture and Copyright Law.' Media Law and Policy, Fall 2002
Contributor to Copyright Annual Review (2006-2010)Other Activities
Commentator in the documentary 9/11 Millionaire Widows (2008)
-
Affiliations
New York State Bar Association – Member
New York Intellectual Property Law Association - Member
American Intellectual Property Law Association – Member
-