Blog Post 03.07.24
Sam Eichner, a member of Pillsbury’s Intellectual Property practice, focuses on copyright, trademark, and false advertising disputes in federal court and before the U.S. Trademark Trial and Appeal Board (TTAB).
As a copyright and trademark litigator, Sam represents clients across industries—from fashion e-tailers and blockchain developers to universities and non-profit organizations. Sam has litigated cases to trial, and resolved many disputes through settlement and mediation, invariably seeking practical business solutions for his clients. He also has extensive experience coordinating trademark enforcement and portfolio management for some of the world’s most renowned brands, and routinely advises on a wide variety of IP and entertainment matters. Sam co-leads the firm’s Internet and Social Media team and manages the firm’s Internet & Social Media Law blog.
Representative Experience
- Defended well-known luxury goods retailers and fashion brands as lead counsel in defense of false advertising, copyright, and trademark infringement claims, leading to favorable settlement and dismissal following briefing on defendants’ motions to dismiss.
- Maintained worldwide trademark portfolio for television industry honorary organizations that confer one of the four major entertainment awards in the United States.
- Advised Fortune 50 multinational conglomerate in merger of equals in connection with trademark due diligence, licensing, clearance, and post-merger rebranding strategy.
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- Represented television industry honorary organizations against defendant’s unauthorized association of plaintiffs’ famous statuette with the COVID-19 pandemic, securing an exceptionally favorable ruling that rejected a fair use defense at the motion to dismiss stage and dismissed all counterclaims, including a counterclaim under New York’s broadened anti-SLAPP law.
- Represented not-for-profit scholastic examination publisher in nationwide copyright enforcement matters against private and public educational institutions.
- Served on the litigation team in connection with copyright infringement claims against one of the largest e-commerce platforms in the U.S. and defeated platform’s motion for summary judgment on copyright infringement claims, which led to favorable settlement.
- Represented one of the most well-known automakers in the world in connection with trademark enforcement matters throughout the U.S.
- Represented scholastic examination publisher in connection with copyright infringement claims against online platform that allowed students to upload copyright-protected exam questions and obtain answers on student exams and assignments.
- Defended famous American sports equipment company against trademark infringement and related claims and pleaded counterclaims for cancellation of plaintiff’s trademark registrations and leading to favorable settlement.
- Represented major Canadian bank in connection with trademark infringement, false advertising, and related claims against defendant financial technology platform related to use of bank logos in connection with collecting sensitive banking information and leading to favorable settlement.
- Represented several defendants in defense of copyright and trademark infringement claims in connection with license termination, as well as third-party claims against plaintiffs’ quality control agent, leading to favorable settlement.
Professional Highlights
- Member, Copyright Committee, American Intellectual Property Law Association (September 2013 – Present)
- Frequent writer and speaker covering copyright and trademark law topics
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- Publications
- Article, “The Copyright Implications of Generative AI,” American Intellectual Property Law Association, October 2023
- Article, “The Legal Impact of AI on Associations,” published by American Society of Association Executives (ASAE), October 13, 2023
- Article, “The Cost of Honest Mistakes: Even After Unicolors, Copyright Application Errors May Still Have Consequences,” published by IP Watchdog, March 2, 2022
- Article, “U.S. Copyright Office Issues Report on Sovereign Immunity Study,” published by The National Law Review, October 2021
- Article, “SDNY: Use of Photojournalists’ 9/11 Footage May Be Fair Use,” published by The National Law Review, September 2021
- Article, “SCOTUS to Consider Intent-to-Defraud Requirement for Copyright Registration Invalidation,” published by The National Law Review, June 2021
- Article, “SCOTUS Reverses Federal Circuit Finding Google’s Android Platform Made Fair Use of the Java API,” published by The National Law Review, April 2021
- Speaking Engagements
- "Copyright Implications of Generative AI,” AIPLA Annual Meeting, October 20, 2023.
- “AI for Association CEOs,” ASAE Association Insights Center, August 1, 2023.
- “The Science of Trademarks and Copyrights,” National Institutes of Health (NIH), Centers for Disease Control and Prevention, Food and Drug Administration (FDA), 2022 Technology Development and Transfer Committee Forum, August 1, 2022
- “Cancellation Actions Against Banksy Marks - Monkey with Sandwich Board and Flower Thrower,” AIPLA Spring Meeting, May 17, 2022
- Lexology Webinar: Exploring Domain Name Genericness: What to expect from the Supreme Court’s decision in the BOOKING.COM case, June 16, 2020
- Moderator, MIP Global Trade Mark Forum 2020, New York, March 10, 2020
- Moderator, Copyright and Coffee with the DC Chapter of the CSUSA, Copyright Society of the USA, February 27, 2020
- Associations
- American Intellectual Property Law Association (AIPLA)
- International Trademark Association (INTA)
- The Copyright Society of the USA
Education
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J.D., Benjamin Cardozo Law School, Yeshiva University, 2012
B.A., History and Political Science, The Johns Hopkins University, 2008
Admissions
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New York
New Jersey
District of Columbia
Courts
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U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
Clerkships
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Law Clerk to the Hon. Claire C. Cecchi of the U.S. District Court for the District of New Jersey, June 2012 – May 2013
Alexander Fellow Judicial Clerk to the Hon. Michael A. Shipp of the U.S. District Court for the District of New Jersey, September 2011 – December 2011
Languages
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Spanish
Portuguese