Michelle Mancino Marsh has built an impressive track-record practicing in the areas of trademark and copyright law, unfair competition, anti-counterfeiting/anti-piracy, internet law, fashion law, design patent, trade secrets and mask work protection. She is the Chair of the firm's Fashion, Apparel and Footwear law practice, representing some of the best known brands and retailers in the fashion and footwear industries in all aspects of intellectual property protection and defense. She was named by Euromoney in its list of the “Top 30 IP Litigation Stars” in the United States and was also recognized by IP Law and Business Magazine as one of the “Top 50 IP Attorneys” under the age of 45. Ms. Marsh was selected as an "Attorney of the Year" for growing businesses by The New York Enterprise Report.
Her clients span a broad range of industries which include fashion, consumer goods and services, computer software and hardware, financial and insurance services, pharmaceutical and bio-medical products, agricultural products, media and entertainment, and interactive entertainment. Ms. Marsh is distinguished not only by the victories she has achieved for her clients but also for the wider influence and interest her cases have generated. She represents clients in state and federal court and in the United States Patent and Trademark Office, where she has argued for the registration of the first ever taste trademark for a well-known pharmaceutical company. She has argued and won numerous federal and state court appeals, including the Second Circuit's seminal famous marks case of ITC Ltd v. Punchgini, Inc., 373 F.Supp.2d 275, 286 (S.D.N.Y. 2007). Most recently in 2011, Ms. Marsh won summary judgment on liability for breach of contract and an injunction in favor of client Jim Beam Brands, the maker of OLD CROW straight bourbon whiskey, against the maker of Jose Cuervo tequila for Cuervo's improper use of a crow design on tequila products, web sites and in other advertising materials in violation of a settlement agreement. The decision represents an important victory for all brand owners who routinely use settlement agreements to resolve trademark disputes. Additionally, she argued and won the appeal affirming the judgment on liability. Ms. Marsh has also successfully obtained preliminary injunctions and ex parte seizure orders on behalf of her clients, and works closely with United States Customs and Border Protection and law enforcement in coordinated anti-counterfeiting efforts.
Complementing her litigation work, her practice also includes counseling and opinions, devising cost-effective brand protection programs, negotiating licenses, IP acquisitions and co-branding agreements on behalf of clients. She has presented numerous speeches to industry professionals on a wide variety of topics, including the Impact of GTLD Expansion, Famous Marks Protection in the U.S., Avoiding Litigation in the Footwear Industry, Legal Trends in Social Media, and Non-Traditional Trademark Protection.