Principal
mmisthal@grr.com

Education
State University of New York at Binghamton, B.A., cum laude, 1996
Benjamin N. Cardozo School of Law, J.D., cum laude, 1999
Journal of International and Comparative Law, editor, 1998–99
Order of the Coif, 1999

Admissions
New Jersey Bar, 1999
New Jersey Federal Courts, 1999
New York Bar, 2000
Southern District of New York, 2000
Eastern District of New York, 2000
First Circuit Court of Appeals, 2001
Second Circuit Court of Appeals, 2006

Marc Misthal specializes in all areas of trademark and copyright litigation and prosecution, and has extensive familiarity with domain name and Internet issues. Mr. Misthal has contributed to the Aspen Law & Business treatise, Trademark Counterfeiting, (George W. Abbott, Jr. and Lee S. Sporn, eds. 1999); and he is the author of Reigning in the Paparazzi (10 International Legal Perspectives 287, Northwestern School of Law [2000]).

More recently Mr. Misthal, along with George Gottlieb, contributed an extensive chapter on intellectual property to the newly released book Fashion Law: A Guide for Designers, Fashion Executives and Attorneys. The book takes a practical approach to addressing legal issues. It is the first book to comprehensively examine, in one volume, those areas of the law implicated in the fashion business (including, in addition to intellectual property issues, franchising, distribution, rentals, leasing and import/export). Fashion Law, published by Fairchild Books, is available from Amazon.com, Barnes and Noble and other booksellers.

Professional Affiliations
American Bar Association
American Intellectual Property Law Association
New York State Bar Association

Selected Publications

"The Internet's Red Light District: Trademarks in the .XXX Domain," GRR Intellectual Property News (June 2011).

"Pay Heed to UDRP Decisions," GRR Intellectual Property News (May 2011).

"Who May Sign Trademark Applications and Related Documents that are Filed with the USPTO," GRR Intellectual Property News (February 2011).

"Who Owns Betty Boop?," GRR Intellectual Property News (March 2011).

"Court Dismisses Claim that Harry Potter Book is an Infringement," GRR Intellectual Property News (February 2011).

"All You Need to Know About Transactions," GRR Intellectual Property News (January 2011).

"Using Domain Name for Leverage in Negotiation Violates Cybersquatting Act," GRR Intellectual Property News (November 2010).

"James Bond's Gun--A Registered Trademark," GRR Intellectual Property News (November 2010).

"Retailer Permitted to Bring Claims for Unfair Competition and False Endorsement Arising out of its Purchase of Counterfeit Goods," GRR Intellectual Property News (November 2010).

"Downloading File is Not a Public Performance," GRR Intellectual Property News (October 2010).

"Design Protection Act--Will it Help the Fashion Industry?," GRR Intellectual Property News (September 2010).

"Court Rules Barbie Will Thrive on Competition," GRR Intellectual Property News (August 2010).

"Court Refuses to Overturn UDRP Decision," GRR Intellectual Property News (August 2010).

"YouTube Not Liable for Copyright Infringement," GRR Intellectual Property News (July 2010).

"Israel to Join Madrid Protocol and Amend its Trademark Law," GRR Intellectual Property News (June 2010).

"Trademark Office Decision Offers Guidance on Acceptable Specimens," GRR Intellectual Property News (June 2010).

"Supreme Court to Determine Whether U.S. Copyright Act Precludes Importation of Foreign Manufactured Gray Market Goods," GRR Intellectual Property News (May 2010).

"No Presumption of Irreparable Harm When Seeking Injunctive Relief," GRR Intellectual Property News (May 2010).

"Appeals Court Affirms Ruling that eBay is not Liable for Third Party Sales of Counterfeit Tiffany Products," GRR Intellectual Property News (April 2010).

"Infringement of Design Patent is Determined by Reviewing Illustrations," GRR Intellectual Property News (March 2010).

"Who Owns the iPad Trademark?," GRR Intellectual Property News (February 2010).

"Joseph Abboud Permitted to use his Name in Certain Circumstances," GRR Intellectual Property News (February 2010).

"Internationalized Domain Names are Coming," GRR Intellectual Property News (November 2009).

"NBA Star Recovers 800 Domain Names From Cybersquatter, "GRR Intellectual Property News (November 2009).

"Fraud on the Trademark Office Requires Intent to Deceive," GRR Intellectual Property News (September 2009).

"Copyright Office Changes Rules and Increases Fees," GRR Intellectual Property News (August 2009).

"Sequel to The Catcher in the Rye not a Permissible Fair Use," GRR Intellectual Property News (August 2009).

"Guitar Design Likely to Cause Confusion With Headstock Design," GRR Intellectual Property News (July 2009).

".mx Domain Names Available for Registration," GRR Intellectual Property News (July 2009).

"Google AdWords Continue to Be Controversial," GRR Intellectual Property News (June 2009).

"Trademark Applicants Must be Able to Objectively Prove They Have an Intent to Use," GRR Intellectual Property News (May 2009).

"Sounds Registrable as Trademarks Only With Proof of Acquired Distinctiveness,"GRR Intellectual Property News (April 2009).

"New Domains For Sale,"GRR Intellectual Property News (April 2009).

"Liability for Hyperlinking Depends on Context in Which Link Appears," GRR Intellectual Property News (February-March 2009).

"I'll Sell You Your Domain Name for the Low, Low Price of...," NewsBulletin, Brazilian-American Chamber of Commerce (October 2003).

"The Story of a Store Name," Tableware Today (June–July 2003).

"Using the Internet's Road Signs,"Tableware Today (June–July 2001).