Michelle Mancino Marsh

Michelle Mancino Marsh, as an intellectual property lawyer, 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. Named to ALM’s IP Law and Business magazine’s Top 50 IP Attorneys Under 45 list, she 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.

Ms. Marsh 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.

Ms. Marsh represents clients in a variety of industries, including consumer goods and services, apparel, footwear and accessories, computer software and hardware, financial and insurance services, pharmaceutical and bio-medical products, agricultural products, media and entertainment, including, interactive entertainment. 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. With particular expertise in the fashion and footwear industry, Ms. Marsh represents some of the best known brands and players in the industry in all aspects of intellectual property protection and defense.

In 2011, The New York Enterprise Report selected Ms. Marsh as "Attorney of the Year" in the Technology category for its Best Accountants and Attorneys for Growing Business awards. In addition, Benchmark Plaintiff 2012 named Ms. Marsh among industry veterans in its list of 30 Intellectual Property "Litigation Stars" in the United States and New York Super Lawyers has recognized her as an IP litigation “Rising Star.” She has presented numerous speeches to industry professionals on a wide variety of topics, including Famous Marks Protection in the U.S., Avoiding Litigation in the Footwear Industry , Legal Trends in Social Media, and Non-Traditional Trademark Protection.

Professional Organizations

Ms. Marsh is a member of the International Trademark Association (INTA). She serves on the organization’s Internet Committee and has been an editor and contributing author to the association’s publications, the Trademark Reporter and the INTA Bulletin. Additionally, she serves on the board of the New York chapter of Women in Technology International, and serves on the Special Committee on Computer Gaming of the American Bar Association.