James Weinberger is a Partner in Fross Zelnick's litigation practice, focusing on litigation, mediation and arbitration in the areas of copyright, trademark and trade dress infringement, unfair competition, false advertising, trademark dilution, right of publicity, First Amendment and Internet-related matters. Recognized by Chambers USA (2010-present), Legal 500 (2011-present), Managing Intellectual Property IP Stars (2014-present), New York SuperLawyers Rising Stars (2011-2012), New York SuperLawyers (2013-present) and the 2014 Guide to the World's Leading Trade Mark Lawyers in the areas of copyright and trademark law, James regularly counsels and advises clients across a broad range of industries, including apparel, beverages, chemicals, cosmetics, film, finance, music, pharmaceuticals, publishing and software on matters relating to intellectual property rights. In addition to federal and state court litigation, James's expertise includes copyright and trademark clearance, enforcement strategy and execution, portfolio management, as well as negotiating and drafting trademark and copyright licenses, coexistence and settlement agreements. James also litigates opposition proceedings in the Trademark Trial and Appeal Board and Uniform Domain Name Dispute Resolution Policy proceedings in the World Intellectual Property Organization.
Wesleyan University (B.A., 1996, with honors); Columbia University School of Law (J.D., 1999). Harlan Fiske Stone Scholar. Recipient, Carroll G. Harper Prize. Editor-in-Chief, Columbia-VLA Journal of Law & the Arts.
Member, Judicial Administration and Trademark Litigation Subcommittee, International Trademark Association ("INTA") (2014-15 term); Member, Discovery Practices & Procedures Subcommittee of the Enforcement Committee, INTA (2012-13 term, 2008-2009 term); Associate Member, Pharmaceutical Trade Marks Group (PTMG); Member, Intellectual Property Committee, Federal Bar Council; Member, American Bar Association, Intellectual Property Law Section; Member, New York State Bar Association, Intellectual Property Law Section; Director, Columbia Law School Association, (2010-2015).
POW! BOFF! THWACK! What DC Comics v. Towle Means for Copyright Character Protection, Los Angeles Copyright Society (Speaker, February 2016); Holy Copyright Law! The Batmobile Case and Licensing Fictional Characters, Derivatives and Products, American Bar Association (Panelist, December 2015); Product Trade Dress and Non-Traditional Trade Marks - Update from the US, PTMG Spring Conference (Panelist, Barcelona, Spain 2012); Understanding the Use-Based Trademark System in the US, Managing Intellectual Property China-International IP Forum (Speaker, Beijing, PRC 2011); A Conversation Between Brand Owners, Retailers and Manufacturers About Private Label in the United States, INTA Annual Meeting (Panelist, San Francisco, CA 2011); Speaker: Discovery Practice, Procedure and Strategy, Navigating Trademark Practice Before the PTO 2007: From Filing Through the TTAB Hearing, Practicing Law Institute; Guest Instructor: Columbia-VLA Clinical Seminar in Law and the Arts, Columbia Law School (2006-2012).
U.S. Supreme Court; New York, Court of Appeals, Appellate Division, 1st Dep't; U.S. Court of Appeals, Second Circuit, Third Circuit, Ninth Circuit, Eleventh Circuit; United States District Court, S.D.N.Y, E.D.N.Y., N.D. Ill.