Martin Schwimmer

Partner

Martin Schwimmer counsels clients, prosecutes U.S. and international trademark and copyright applications, and litigates intellectual property disputes. His clients span from major well-known companies to two guys in a garage. They operate in fields as diverse as consumer electronics, luxury goods, sex positive products (a real industry term), entertainment, and industrial products.

Mr. Schwimmer is best known as the publisher of The Trademark Blog, the world’s oldest blog devoted to trademark and copyright law, as well as a Twitter microblog (@trademarkblog). He has recently co-authored an article in The Trademark Reporter arguing for a statutory notice and takedown procedure for online infringements, analogous to the DMCA.

Well-known in domain name circles, Mr. Schwimmer participated in the first reported domain name dispute, MTV v. Curry (1994). Active in domain name politics, he was involved in the shouting match in the cafeteria of the University of Santiago in 1999 that led to the final version of the Uniform Dispute Resolution Proceeding (UDRP). Mr. Schwimmer is a Panelist for UDRP proceedings administered by the World Intellectual Property Organization.

Mr. Schwimmer has been widely quoted in the press for his views on intellectual property issues. He has been interviewed on CNN about domain names, and once, on FoxNews.com, was mistakenly asked questions about interest rates.

Mr. Schwimmer has been a speaker at the annual meetings of the ABA, the AIPLA, and the New York, Michigan and Minnesota State Bars, as well as at meetings of the Association of the Bar of the City of New York and at various INTA conferences.

Before joining Leason Ellis, Mr. Schwimmer was a Partner at Moses & Singer LLP and Fross Zelnick Lehrman & Zissu, P.C.

Trademark Clearance, Prosecution and Maintenance

Mr. Schwimmer has been managing global trademark portfolios for over twenty years. He once had to compile a fame affidavit for the mark YABBA DABBA DOO.

Trademark and Domain Name Disputes and Litigation

Mr. Schwimmer’s proudest achievement as a trademark attorney was participating in Tiffany & Company v Fabriques de Tabac Reunies, Civil Appeal No. 317 of 1998, Court of Appeal, the highest court in Singapore, which changed famous mark law there, introducing the concept of “reputation without use.” He has a great deal of experience with multi-national trademark disputes and has filed too many UDRPs to count.

Bar Admissions

Mr. Schwimmer has been admitted in the United States District Courts for the Eastern, Western, and Southern Districts of New York, but not the Northern District of New York.

Education

J.D., Fordham School of Law, 1988
A.B., Harvard University, 1982

Leason Ellis News

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Privacy Statement

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

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Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials
(information or software) on Leason Ellis’s web site for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on Leason Ellis’s web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Leason Ellis at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Leason Ellis’s web site are provided “as is”. Leason Ellis makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Leason Ellis does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Leason Ellis or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Leason Ellis’s Internet site, even if Leason Ellis or a Leason Ellis authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Leason Ellis’s web site could include technical, typographical, or photographic errors. Leason Ellis does not warrant that any of the materials on its web site are accurate, complete, or current. Leason Ellis may make changes to the materials contained on its web site at any time without notice. Leason Ellis does not, however, make any commitment to update the materials.

6. Links

Leason Ellis has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Leason Ellis of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Leason Ellis may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Leason Ellis’s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

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Extranet Instructions / Access Requirements

Please review the following notes carefully.

Our Extranet is a web-based application that presents search query screens and results through a simple navigation interface. Once you are issued a username and password, you will have read-only access to certain records associated with your client number(s) at Leason Ellis LLP. You can change your password as often as you like, but we require a case-sensitive, mixed number-character password for your security.

1. Internet Explorer is required to access the Extranet because it is written as a .NET application.

2. Short Cut: This short cut is ut useful for navigation within the Extranet:

‘Ctrl’ key plus the letter T : lists the open windows you can select and navigate to

3. If you close your Extranet session, it will close ALL browser windows. If you have the “Tabs” feature enabled, your parallel sessions will be protected. Until you are familiar with the Extranet, we suggest that you conclude other browser-based sessions that you may be conducting.

4. “Pop-up blocker” must be turned-off or the link to our Extranet added to the allowed sites. The program we use opens several windows including a search window, results windows, selection window showing the windows that are open, etc. These windows may be placed in front of one another obscuring the fact that there are multiple windows, but it is easy to use and quick to get used to.

STEPS TO ALLOW POP-UPS AT FROM OUR SITE

1. Find the “Tools” tab which is part of the menu bar at the top of the Internet Explorer browser window. If you do not see the Tools tab, right-click on a clear area of the top of the browser window and select the “menu bar” so that it has a “check” next to it.

2. Under the “Tools” tab, select the menu item “Pop Up Blocker” and then select the submenu item “Pop Up Blocker Settings”

3. Type or paste the following link into the “Address of Web site to allow” box:

http://remote.leasonellis.com:77/ipssdotnet2/logon.aspx

4. Then click the “add” button to the right of the text box.

5. Click close to return to your Internet Explorer browser window.

5. Disable Google Toolbar and Yahoo Toolbar. These toolbars, and perhaps others, interfere with the operation of the Extranet and must be deactivated by following the steps below. Note that many common add-ons such as Windows Messenger, Windows Live Sign-In, Adobe PDF Reader, Shockwave, Real.com, Ebay Toolbar and Ebay Toolbar helper, and various Sun Microsystems add-ons (e.g., Java), can remain enabled.

STEPS TO DISABLE GOOGLE/YAHOO TOOLBAR

1. Under the “Tools” tab of Internet Explorer, select the menu item “Manage Add Ons” and then select the submenu item “Enable or Disable Add-Ons”

2. In the pull-down menu, select “Add Ons Currently Loaded in Internet Explorer” and then click within the window below that menu.

3. Select the add-on “Google”, having a ‘type’ “Toolbar” within that window

4. Then, at the lower left, there is a “Settings” control panel in which you can select the radio-button “disable.”

5. Click OK to return to your browser window.

6. You will have to close all Internet Explorer windows and restart.

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Pro Bono

Individually and collectively, we at Leason Ellis strive to contribute back to the community. Many of our attorneys are involved in pro bono work on behalf of various organizations. The following is a representative sample of some of those organizations.

We are proud to be working with the Pro Bono Partnership to provide pro bono business legal advice in intellectual property matters to nonprofit organizations. The Partnership provides nonprofit organizations in Connecticut, New Jersey and New York with free, expert business legal advice they cannot otherwise afford, enhancing their capacity to improve local communities and provide essential programs for the poor and disadvantaged. You can learn more about the Partnership at www.probonopartnership.org.

We are honored to be working with Connect to Care, an initiative of UJA-Federation of New York organized to respond to the communitywide economic crisis. Connect-to-care provides employment and career-transition services, financial consulting, debt counseling, and budget assistance, legal services, and supportive counseling and spiritual care. Read more about the organization at www.ujafedny.org/connect-to-care.

We take pride in being able to assist the Salzburg International Ballet Workshops (organized by European Dance Art Salzburg, or “EDAS“) in its Adopt-A-Dancer program which provides a forum to raise awareness and funding for young dancers in need of training and stage-experience to develop their skills in time for coveted auditions to international ballet companies. The Adopt-A-Dancer project is described and illustrated through multimedia presentations at www.siba-academy.com.

We are also pleased to be working with Kids X-Press, a not-for-profit organization based in Westchester County whose mission is to promote literacy among children. Through workshops available to after school programs and youth organizations and through the publication of a magazine written by children for children, Kids X-Press encourages children of all abilities to express themselves and learn how to communicate to the public. Read more about the organization at www.kidsxpress.net.

We are honored to be working with the Tails of Hope Foundation, a not-for-profit organization dedicated to advancing the field of veterinary medicine and helping to eradicate cancer and other life-threatening diseases affecting companion animals and people, on their Finding One Another project. The purpose of the Project is to gather historical data for a 10th Anniversary Tribute to the Canine Search & Rescue Community of 9/11, including contributions in the form of pictures and stories relating to the valiant efforts and sacrifices that were made by of all of the SAR, Veterinarians, VMATS, and other human-canine teams during and after the terrorist attacks of September 11, 2001 at the remains of the World Trade Center, Freshkills Landfill, the Pentagon, and in the fields of Pennsylvania. Read more about the organization at www.tailsofhopefoundation.org and the project at www.findingoneanother.org.

Directions by car

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DRIVING FROM MANHATTAN VIA MAJOR DEEGAN/ROUTE 87

Take Major Deegan Expressway (Route 87) NORTH to Exit 8 (Route 287 EAST)
Turn RIGHT onto NY-22/North Broadway
Continue on NY-22/North Broadway to Barker Avenue
Turn RIGHT onto Barker Avenue
One Barker Ave is the white building on the right side of the street
PARKING: Parking is available at the Marriott White Plains Hotel next door at 5 Barker Avenue. Additional parking is located in the municipal lot across the street from the Marriott White Plains Hotel.

VIA BRONX RIVER PARKWAY

Take Bronx River Parkway NORTH to Exit 21 (Main Street / Route 119 / White Plains)
Turn RIGHT onto Main Street (Route-119)
Proceed under the railroad tracks and continue, in the left lane, for two blocks to Dr. Martin Luther King Jr. Blvd.
Turn LEFT on Dr. Martin Luther King Jr. Blvd.
Continue to the intersection of Dr. Martin Luther King Jr. Blvd. and Water Street/Barker Avenue
One Barker Avenue is the white building directly ahead
PARKING: Parking is available at the Marriott White Plains Hotel next door at 5 Barker Avenue. Additional parking is located in the municipal lot across the street from the Marriott White Plains Hotel.

FROM WEST SIDE OF MANHATTAN

Take Henry Hudson Parkway NORTH to Exit 4 (Cross County Parkway EAST)
Continue on Cross County Parkway EAST to Exit 4 (Route 87 NORTH)
Continue on Route 87 to Exit 8 (Route 287 EAST)
Take Route 287 EAST to Exit 6 (NY-22/North Broadway)
Turn RIGHT onto NY-22/North Broadway
Continue on NY-22/North Broadway to Barker Avenue
Turn RIGHT onto Barker Avenue
One Barker Avenue is the white building on the right side of the street
PARKING: Parking is available at the Marriott White Plains Hotel next door at 5 Barker Avenue. Additional parking is located in the municipal lot across the street from the Marriott White Plains Hotel.

DRIVING FROM LONG ISLAND

Take the Whitestone Bridge to Hutchinson River Parkway NORTH
Continue on Hutchinson River Parkway North to Exit 26E, (Route 287 WEST/Cross Westchester Expressway)
Take Route 287 WEST to Exit 6 (NY-22/North Broadway)
Off the exit turn LEFT on to Orchard Street
Turn LEFT onto NY-22/North Broadway

Continue on NY-22/North Broadway to Barker Avenue
Turn RIGHT onto Barker Avenue
One Barker Ave is the white building on the right side of the street
PARKING: Parking is available at the Marriott White Plains Hotel next door at 5 Barker Avenue. Additional parking is located in the municipal lot across the street from the Marriott White Plains Hotel.

DRIVING FROM TAPPAN ZEE BRIDGE

After the toll, take Route 287 EAST to Exit 6 (NY-22/North Broadway)
Turn RIGHT onto NY-22/North Broadway
Continue on NY-22/North Broadway to Barker Avenue
Turn RIGHT onto Barker Avenue
One Barker Avenue is the white building on the right side of the street
PARKING: Parking is available at the Marriott White Plains Hotel next door at 5 Barker Avenue. Additional parking is located in the municipal lot across the street from the Marriott White Plains Hotel.

FROM CONNECTICUT AND POINTS EAST

Take 95 South to Exit 21 (Cross Westchester Expressway/287)
Take Route 287 WEST to Exit 6 (NY-22/North Broadway)
Off the exit turn LEFT on to Orchard Street
Turn LEFT onto NY-22/North Broadway
Continue on NY-22/North Broadway to Barker Avenue
Turn RIGHT onto Barker Avenue
One Barker Ave is the white building on the right side of the street
PARKING: Parking is available at the Marriott White Plains Hotel next door at 5 Barker Avenue. Additional parking is located in the municipal lot across the street from the Marriott White Plains Hotel.

Directions by train

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VISITING BY TRAIN: METRO NORTH RAILROAD

Take Metro North, Harlem Line, to White Plains Train Station
Walk one block SOUTH, away from the “clock tower” at the center of the train station, to Hamilton Avenue
Turn LEFT onto Hamilton Avenue
Continue on Hamilton Avenue to North Lexington Avenue
Turn LEFT onto North Lexington Avenue
Continue on North Lexington Avenue to Water Street/Barker Avenue
One Barker Avenue is the white building directly ahead
For train schedule and fare information call 800-METROINFO or 212-532-4900 or Visit: www.mta.info/mnr.

Map from the Train Station to One Barker Avenue

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