Intellectual Property
Marc E. Isserles, Esq. is a skilled commercial mediator with more than fifteen years of litigation experience handling complex business disputes, with a particular emphasis on copyright, trademark, trade secret, entertainment, right of publicity, and licensing issues.
A former law clerk to U.S. Supreme Court Justice Stephen Breyer, and a founding partner of a top New York City litigation boutique, Mr. Isserles brings to his mediation practice the skills of both a nuanced legal thinker and seasoned litigator. Mr. Isserles is known for his judicious temperament, thorough preparation, and ability to quickly grasp both sides of a complicated issue while keeping an open mind.
Representative Intellectual Property Mediation Matters
- Mediated dispute between media company, major record company, and product placement agency relating to production of music video
- Mediated 8-figure dispute between major toy manufacturer and two former executives who started their own company and allegedly misappropriated exclusive license of former company
- Mediated dispute between former management company and major R&B recording artists over termination of management agreement
- Mediated copyright infringement lawsuit brought by co-author of iconic rap song against new artist and major record and publishing companies
- Mediated trademark dispute between family members and third party over right to use family name in connection with household goods business
- Mediated copyright infringement claim by photographer against book publisher for using unlicensed photograph
- Mediated right of publicity claim brought by individual against health care organization for unlicensed use of photo
- Mediated multi-million dollar contract and royalty dispute between new artist and managers
- Mediated nine-figure royalty licensing dispute between owner of business method patents and licensee/purchaser of business
- Mediated multi-jurisdictional copyright infringement actions arising out of exploitation of music public rights under licensing agreements
- Co-mediated copyright dispute over design of web portal for hotel chain
- Co-mediated copyright dispute between photography rightsholders and textbook publisher
- Co-mediated dispute between foreign government and U.S. research center over patent royalties allegedly derived from laboratory research conducted in foreign country
Representative Intellectual Property Litigation Matters
As a litigator in private practice, Mr. Isserles represented parties in a wide range of intellectual property matters, including:
- Represented major bank in mediation concerning scope of usage rights under software licensing agreement
- Represented Fortune 200 pharmaceutical company in mediation over scope of rights under a patent license, with over $500 million in dispute
- Represented and advised leading cable company in connection with affiliation agreements, and various “new technology” matters raising cutting-edge copyright issues
- Represented and advised major entertainment venue in connection with licensing agreements
- Represented several major record companies and music publishers in copyright infringement lawsuits and appeals
- Represented group of 28 copyright law professors as amici curiae in major copyright appeal before the U.S. Court of Appeals for the Second Circuit involving new digital recording technology
- Represented entertainment company in appeal before the U.S. Court of Appeals for the Second Circuit in a fraud action brought by songwriters
- Represented major record company in breach of contract and tortious interference action by artists challenging refusal to distribute cover song
- Represented celebrity musician and television personality in breach of contract action relating to idea and concept for a successful television show
- Represented celebrity musician in connection with unfair competition claim arising out of use of slogan
- Represented major motion picture studio in copyright, false advertising, and unfair competition claims
- Represented association of video game makers as amicus curiae in appeal before the Seventh Circuit in a case involving a First Amendment challenge to the imposition of tort liability on video game manufacturers
