Theodore C. Max

Theodore C. Max is a member in the Entertainment, Media and Technology and Intellectual Property practice groups in the New York office, where he focuses on counseling clients on intellectual property issues and litigation. Mr. Max combines his skill and experience as a trial attorney with his knowledge of copyright, trademark and intellectual property law in servicing the firm's diverse clientele.

Mr. Max has counseled clients on and litigated numerous cases involving issues on the cutting edge of copyright and trademark law. He has assisted clients in identifying, protecting and preserving their intellectual property assets, including seeking registration of rights in the United States and internationally and taking action against infringements of copyrights, trademarks and trade dress. He also has experience developing and implementing anti-counterfeiting programs and pursuing civil and criminal enforcement remedies. Mr. Max has actively litigated intellectual property issues, as well as licensing and franchise disputes, and the rights of publicity and privacy. He successfully has represented clients in all types of civil litigation, including alternate dispute resolution proceedings and mediation, trials and appeals.

Education

• J.D., New York University School of Law, 1983, Editor-in-Chief, New York University Review of Law and Social Change, Won NYU Moot Court Competition, Mendes Herschmann Prize
• B.A., Hobart College, 1980, summa cum laude, high honors, Rhodes Scholar Finalist, Student Trustee

Experience

He has counseled representatives of some of the world's finest designers of fashion apparel and accessories with respect to their intellectual property concerns and problems, including Louis Vuitton Malletier, Emilio Pucci, Celine, Donna Karan, Kooba, Tarina Tarantino and Daryl K. In addition, he has assisted such rising stars in the fashion world as Peter Som and Rafe. He also has extensive experience in litigating commercial disputes in New York state and federal courts.

Honors

• New York Super Lawyer, Intellectual Property Litigation, 2008

Memberships

• Chair, Publications Committee, International Trademark Association
• Past Editor-in-Chief, The Trademark Reporter®, 1999-2001
• Previous United States Original Articles Editor,
• Previous International Original Articles Editor,
• SubCommittee Chair, "International Annual Review of Developments in Trademark Law and Practice," The Trademark Reporter®
• Member, Copyright and Trademark Committee of the Entertainment and Sports Law Committee of the New York State Bar Association and the Federal Bar Council
• Member, Copyright and Trademark Committee of the Entertainment and Sports Law Committee, New York State Bar Association and the Federal Bar Council

Articles

• House Okays Watered Down PRO IP Act, World Law Media, June 1, 2008
• Designer Hotels Are In Fashion: But Care Should Be Taken To Avoid A Major Faux Pas, Hotel Executive.Com, May 1, 2008
• When Copyright and Trademark Infringement Goes Online, New York Law Journal, October 29, 2007
• When Keywords Trigger Sponsored Links, Be Mindful of WhenU and the Split in the Circuits Before Choosing Your Forum Court, Bloomberg Law Reports, September 10, 2007

Mr. Max has lectured widely and authored numerous publications.

Authored a chapter in the book, Intellectual Property Assets in Mergers and Acquisitions, which is entitled "Acquisitions and Licensing of Famous Name Trademarks and Rights of Publicity in the United States."

 "Total Recall: A Primer on a Drastic Form of Equitable Relief," published in The Trademark Reporter®, in May-June 1994

"Dilution Act May Limit Commercial Parodies," published in The National Law Journal

Contributed a chapter in the book, The New Role of Intellectual Property in Commercial Transactions, entitled "Available Remedies For Dispute Resolution in International and Domestic Trademark Licenses."