Davis+Gilbert LLP

Litigation + Dispute Resolution | Intellectual Property + Media

Partner

Marc Rachman, a partner in the Litigation + Dispute Resolution and Intellectual Property + Media Practice Groups, focuses on intellectual property (IP) counseling and litigation, advertising disputes and challenges, and complex commercial disputes. Marc’s experience spans the full range of IP, including trademark, copyright, false advertising, rights of publicity, trade secret and patent infringement disputes. He helps clients of all sizes assess, protect and optimize the value of their intellectual property.

Insightful and pragmatic, with a deep knowledge of his clients’ businesses and industries, Marc gets to the root of a matter quickly with strategic insight and practical solutions. His experience as a media planner before pursuing his legal career gives him a unique perspective when advising on advertising and media matters. Marc represents industry-leading advertising and marketing, financial services, digital media and adtech businesses, world-renowned entertainers, small businesses, and technology startups, among others.

Marc works closely with clients to assert and defend IP infringement claims, provides pre-litigation and litigation avoidance counseling, and advises on the use of IP in advertising, marketing and promotions. He has an impressive record in prosecuting and defending cases, and his knowledge of the courts and the alternative dispute resolution process helps him guide clients in deciding when to fight and when to settle. He is exceptionally swift and effective in resolving IP matters in court, before the USPTO and its Trademark Trial and Appeal Board, and at the negotiating table.

Marc’s experience extends to copyright disputes concerning music, photo, pictorial, sculptural and literary works. He has also worked on trademark matters relating to word and design marks, trade dress, and nontraditional trademarks — including sounds and product designs — as well as celebrity images and personas. In recent years, he has been a driving force in developing and building the firm’s niche practice in defending graffiti art copyright infringement claims.

Marc has helped several celebrity clients address online reputation management issues. He also has extensive experience handling complex commercial disputes involving the enforcement of advertising agency-client agreements, digital advertising sales agreements, partnership dissolutions, employment terminations, and restrictive covenants and real estate leasing disputes.

Member, New York City Bar Association: Technology Committee, E-Discovery Sub-Committee

Boston University, J.D., cum laude, 1993; Cornell University, B.S., with honors, 1986