December 2018

News & Press

In Memoriam – Marie Driscoll

We announce with great sadness the passing of our former partner, friend, and mentor Marie Driscoll, who passed away on September 29, 2018.

Marie was a true titan of the IP bar and a role model for women in the legal profession. A graduate of the Georgetown School of Foreign Service and Harvard Law School, where she was a classmate of Roger Zissu, Marie specialized in trademark, copyright, and unfair competition law. Her accomplishments include arguing the seminal case of Inwood Labs., Inc. v. Ives Labs., Inc. before the U.S. Supreme Court which affirmed the existence of contributory liability for trademark infringement, executing a major overhaul of the U.S. trademark statute in the mid-to-late1980s as a member of the Trademark Review Commission, contributing to the revised Restatement of the Law of Trademarks as a member of the Advisory Committee of the American Law Institute, contributing to INTA briefs submitted as amicus curiae in a number of U.S. Supreme Court cases, and becoming the first woman to serve as Counsel to INTA. In recognition of her leadership in the field, Marie was a recipient of the 2005 INTA President’s Award given to exceptional volunteers who, over the course of a career in trademark law, have made an outstanding contribution to the Association and serve as role models in the practice of trademark law.

Marie was a partner in Fross Zelnick’s litigation group from December 1997 until her retirement from the practice on December 31, 2007. During her decade-long tenure with the firm, Marie counseled and represented a diverse range of clients in the pharmaceutical, fashion, and consumer products industries. She was an invaluable resource with an unparalleled depth of knowledge of the law and how to meet clients’ needs. Marie showed by example how to be a lawyer who listens to clients. She taught how to make your point succinctly and clearly. Her trust in the ability of the associates and the newer partners gave those of us working with her the confidence to take on cases and responsibility. She was truly invested in training the lawyers with whom she worked and gave many of us our first opportunities to argue motions and appeals, and try cases. But, for all her legal accomplishments, Marie never lost sight of the world beyond the law and maintained throughout her career and her retirement a great wit, a passion for The Metropolitan Opera, and a love of the New York Mets.

Marie will always be a part of this firm and a part of those of us who had the good fortune of learning from her and practicing with her. She was a loyal and reliable friend, classmate, partner, and mentor and will be sorely missed.

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WE ARE PLEASED TO REPORT THAT the 2018 INTERNATIONAL LEGAL ALLIANCE SUMMIT & AWARDS (“ILASA”) named Fross Zelnick Best USA IP Firm.

U.S. NEWS & WORLD REPORT and BEST LAWYERS® Best Law Firms Ninth Edition ranked Fross Zelnick National Tier 1 for Copyright and Trademark Law, and Metropolitan Tier 1 (New York City) for Copyright Law, Litigation – Intellectual Property, and Trademark Law.

MANAGING INTELLECTUAL PROPERTY named as IP Stars for 2018 Fross Zelnick lawyers LAWRENCE APOLZON, CARA BOYLE, CARLOS CUCURELLA, DAVID DONAHUE, NADINE JACOBSON, JOHN MARGIOTTA, CRAIG MENDE, BARBARA SOLOMON, ALLISON STRICKLAND RICKETTS, and JAMES WEINBERGER. Named as Rising Stars were AMANDA AGATI and ERICA MCCURDY (FORMERLY GOULD).

SUPERLAWYERS nominated the following Fross Zelnick lawyers as Super Lawyers for 2018: LAWRENCE APOLZON, DAVID DONAHUE, SUSAN UPTON DOUGLASS, DAVID EHRLICH, LYDIA GOBENA, NADINE JACOBSON, RICHARD LEHV, JOHN MARGIOTTA, CRAIG MENDE, BARBARA SOLOMON, JAMES WEINBERGER, and ROGER ZISSU. Nominated as Rising Stars were AMANDA AGATI, HINDY DYM, JASON JONES, LEO KITTAY, ASHFORD TUCKER, and EMILY WEISS.

ROBERT BECKER was interviewed on two episodes of the Canadian cable television show The Sports Business Show, which respectively aired on July 29, 2018 and September 9, 2018.

TAMAR NIV BESSINGER and KATHERINE LYON DAYTON presented a program on “Ethics in the Trademark Arena” as part of INTA’s six-part Trademark Basics webcast series. The presentation serves as a global guide to ethics principles and considerations for trademark practitioners at all levels, and offers guidelines for trademark clearance, searching, litigation, and conducting infringement investigations. The Trademark Basics webcast series is scheduled to launch in December 2018.

DAVID DONAHUE and JASON JONES contributed the U.S. section to ICLG: Copyright Guidelines 2019, a print and on-line comparative guide to copyright law across 29 countries.

JASON JONES spoke at the Fall 2018 Pharmaceutical Trade Marks Group (PTMG) conference in Dubrovnik, Croatia, on October 5, 2018. Jason’s presentation, “What’s New at the U.S. Patent and Trademark Office,” focused on two major initiatives the USPTO has enacted in the last year: The Post-Registration Proof of Use Audit Program (commenced in November 2017) and the Specimen Protest Email Pilot Program (launched in March 2018).

ERICA MCCURDY (FORMERLY GOULD) wrote the chapter on Cuba in the Ibero-American Fashion Law Guide of the Asociación Interamericana de la Propiedad Intelectual (ASIPI). Published in Spanish, the Guide assembles the regulations of 21 regional countries relating to different aspects of the fashion industry and serves as a comprehensive guide for lawyers and others in the industry. See www.gallery.mailchimp.com