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Nancy J. Mertzel

Work in Mertzel Law PLLC

Top Rated Family Law Attorney in New York, NY

Commercial Law

5 Penn Plaza, 19th Floor, New York, NY 10001

About
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About Nancy J. Mertzel

Practice Areas

Commercial Law

Education

American University, Washington College of Law, Washington, District of Columbia, 1988
J.D.
University of Rochester, 1985
B.A.

Representative Cases

Scrilla Hill Entertainment Inc. v. Viacom Media Network, Inc., Case No. 16 Civ. 00490 (S.D.N.Y) (2016)
BanxCorp v. Costco Wholesale Corp., 978 F.Supp.2d 280 (2013)
Q-CIM, Inc. v. Allied-Signal Inc., No. 99-2776 (D.N.J.) (1999)
Tradescape.com v. Shivaram, 77 F. Supp. 2d 408 (S.D.N.Y.) (1999)
Rainbow Technologies, Inc. v. Montoro, No. 93-3247 (D.N.J.) (1993)

Classes and Seminars

Moderator and Speaker, " Protecting Cool - Brand Reinforcement and Creation Using Utility Patents, Design Patents, Trademarks, Trade Dress, and Copyrights," American Intellectual Property Law Association Spring Meeting, Philadelphia, Pennsylvania, May 15-17, 2014
Speaker, "Copyright Litigation," PLI’s Advanced Copyright Law Annual Review, New York, New York, April 4, 2014
Speaker, "The Raging Debate about Laches," Copyright Society of the USA Mid-Winter Meeting, Miami, Florida, February 7, 2014
Speaker, "Must-Know Recent Copyright Case Law Developments," Practicing Law Institute, Advanced Copyright Law Annual Review 2013, New York, April 19, 2013. Paper in Course Handbook
Speaker, "IP Essential for the Non-IP Attorney," National Association of Women Lawyers Mid-Year Meeting Orlando, Florida, February 16, 2013
Moderator, "Media/Entertainment – Leveraging IP in a Digital Economy," American Intellectual Law Property Association Mid-Winter Institute, Tampa, Florida, January 31, 2013
Speaker, "Recent Developments in Copyright Preemption: Hot News Misappropriation, Implied Contracts in the Ninth Circuit, and the SDNY Split Over Contract Preemption," Advanced Copyright Law Annual Review 2012, Practicing Law Institute, New York, April 30, 2012. Paper in Course Handbook
Speaker, "White Hats, Black Hats & Red Flags: Assessing Secondary Liability for Online Copyright Infringement," American Intellectual Property Law Association Spring Meeting, California, May 12, 2011
Speaker, "Innovation, Technology & Copyright: New Directions for the Future," Copyright Society Mid-winter Meeting, New Mexico, February 4, 2011
Speaker, "Brand Protection: Trademark Issues in Cyberspace," Practicing Law Institute, New York, May 17, 2010
Speaker, "Litigating a Trademark Infringement Dispute," New York City Bar, New York, May 12, 2009
"Digital Millennium Copyright Act: Recent Developments and Best Practices," Client Presentation, March 25, 2009
Speaker, "Social Networks, Bloggers and Internet Jurisdiction," New York State Bar Association, Commercial & Federal Litigation Section Meeting, May 3, 2008
Speaker, "Copyright Infringement on the Internet," Advanced Copyright Law Seminar, Fordham Law School (2006-2010)

Qualifications

Bar Admissions

New York
U.S. Supreme Court
U.S. District Court Eastern District of New York
U.S. District Court Southern District of New York
U.S. District Court Eastern District of Michigan
U.S. Court of Appeals 2nd Circuit
U.S. Court of Appeals 3rd Circuit
U.S. Court of Appeals 11th Circuit
U.S. Court of Appeals Federal Circuit

Other Affiliations

American Intellectual Property Law Association, Board of Directors, 2014 - 2017
American Intellectual Property Law Association, Copyright Law Committee, 2011 - 2013 (Chair)
American Intellectual Property Law Association, LGBT Sub-Committee of Diversity Committee, 2010 - 2016 (Co-Chair)
International Trademark Association (Member)
National Association of Women Lawyers (Member)
Association of the Bar of the City of New York, Trademarks and Unfair Competition Committee, 2008 - 2010 (Member)
American Intellectual Property Law Association, Legislation Committee, 2018 - 2020 (Member)
American Intellectual Property Law Association, 2018 - Present (Fellows, Elected Member)
American Intellectual Property Law Association (Amicus Committee Appointed Member, 2013 - 2014, 2017 - 2018)
Association of the Bar of the City of New York, 2018 - 2021 (Copyright Law Committee)
Association of the Bar of the City of New York, 2018 - 2020 (Small Law Firms Committee)
International Trademark Association, Legislation and Regulation Committee, 2018 - 2019
New York Intellectual Property Law Association, Women in Intellectual Property Law Committee

Articles

Published Works

Author, SCA Hygiene Products A.G. v. First Quality Baby Products, LLC
Author, Amicus Brief of the American Intellectual Property Law Association in B&B Hardware, Inc. v. Hargis Industries, Inc., Supreme Court of the United States, No. 13-352, September 11, 2014
Author, Amicus Brief of the American Intellectual Property Law Association in Supreme Court of the United States, in Petrella v. Metro-Goldwyn-Mayer, No. 12-1315, November 22, 2013
Co-Author, "Trademark Rights and Domain Name Overhaul," Law 360, April 26, 2010
Co-Author, "Federal Circuit Reverses Standard for Fraud on the Trademark Office," New York Law Journal, September 14, 2009
Author, "Copying 0.03 percent of software code base not 'de minimis'," Journal of Intellectual Property Law & Practice 2008 (Oxford University Press), Volume 3, No. 9, September 2008
Author, "Wanted: John Doe," Mealey’s Litigation Report: Cyber Tech & E-Commerce, Vol. 10, No. 5, July 2008
Co-Author, "US Commercial SMS Advertising: Analysis," Data Protection Law & Policy, December 2007
Author, "Copyright Preemption and the Extra Element Test," IP Litigation Quarterly, December 2006
Author, "Hijacked Domain Names: Recovery and Prevention" IP Litigation Quarterly, September 2005