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James  Rosenfeld

Areas of Practice

jamesrosenfeld@dwt.com
(212) 603-6455

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James Rosenfeld
Partner- New York, New York Office

Representative Experience
Litigation and counseling for television and radio broadcasters, book, magazine and newspaper publishers and bloggers and other Internet companies regarding intellectual property, media and commercial matters.

Recent representative matters have included the following:

  • Obtained dismissal of copyright claims against author and publisher of best-selling novel.

  • Obtained dismissal of privacy and related claims against blogger based on excerpting, linking to and commenting on another blogger’s first-hand accounts of her relationship with plaintiff.

  • Obtained favorable judgment and substantial damages award for manufacturer and distributor of sports merchandise, following arbitration against league that failed to deliver promised intellectual property rights.

  • Obtained dismissal of invasion of privacy and misappropriation claims asserted against publisher and author of memoir.

  • Obtained dismissal or settlement of multiple “theft of ideas” lawsuits against television networks.

  • Represented television networks, blog operators and stock photography agency in numerous copyright actions alleging unauthorized use of photographs.

  • Won summary judgment and multi-million dollar damages award in interactive game publisher’s breach of contract action against distributor.

  • Represented owner of intellectual property rights in famous children’s literary character, in trademark and unfair competition lawsuit against infringer.

  • Represented international film distributor in contract dispute with producer over remake rights and other valuable film rights.

  • Member of trial team in false advertising litigation between yellow pages publishers.

  • Litigated First Amendment challenges to both federal campaign finance restrictions and New York City billboard regulations.

  • Successfully prosecuted and defended domain name disputes through ICANN dispute resolution process.

  • Represented radio broadcaster in connection with two investigations by New York Attorney General’s Office, conducting internal investigations, responding to government subpoenas and monitoring compliance with consent order.

  • Advised media, entertainment, advertising and Internet clients on copyright, trademark, unfair competition, right of publicity, privacy, libel, U.S. government restrictions on trading in “informational materials” and other First Amendment, intellectual property and related issues.

Prior Experience
Associate, Kay & Boose, specializing in copyright, trademark, right of publicity and general commercial litigation

Associate, Cahill Gordon & Reindel, specializing in First Amendment and general commercial litigation

Law Clerk to the Honorable Carlos F. Lucero, U.S. Court of Appeals for the Tenth Circuit

Publications
Co-author with Victor A. Kovner, "Survey of New York Privacy and Related Claims Against the Media," MLRC 50 State Survey: Media Privacy and Related Law, 2007-08 and 2006-07

“Court Rejects Copyright Challenge to The Da Vinci Code,” MLRC MediaLawLetter, August 2005

“Deportation and Due Process of Law,” Columbia Human Rights Law Review, 1995

Memberships and Activities
New York City Bar Association

  • Member, Communications and Media Law Committee, 2007-2010
Copyright Society of the United States

Education
J.D., Columbia University School of Law

  • Harlan Fiske Stone Scholar
B.A., cum laude, Yale University






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