Fordham University School of Law, J.D., Law Review, 1981
City University of New York, Queens College
magna cum laude
U.S. Supreme Court
U.S. Court of Appeals, 2nd Cir.
U.S. Court of Appeals, 3rd Cir.
U.S. District Court, E.D. New York
U.S. District Court, S.D. New York
U.S. District Court, Dist. of Colorado
New York City Bar Association (Chair; Copyright & Literary Property Committee)
The New York State Bar Association (Co-Chair Publicity, Privacy and Media Committee of the Entertainment, Arts and Sports Law Section)
American Bar Association (Litigation Section, Forum Committee on the Entertainment and Sports Industries, and Sub-Committee on Online Copyright Issues)
International Trademark Association (Internet Committee/Online Trademark Use Subcommittee (Web 2.0 Workgroup); formerly Bulletin Features Subcommittee)
Copyright Society of the U.S.A.
Barry Werbin is a Partner at Herrick, Feinstein LLP and the Chair of its Intellectual Property and Technology Group. Barry concentrates his practice in intellectual property and Internet issues (including trademarks, trade dress, copyrights, unfair competition, false advertising, publicity and privacy rights, trade secrets, domain name issues and ICANN dispute resolution proceedings, digital rights protection, trademark and content licensing, Internet and traditional marketing and sponsorship agreements, publishing, due diligence and exploitation rights) and technology issues (including software and technology licensing and development, IT support agreements, web-site development and hosting, IT outsourcing, and data and computer security breaches). Barry handles infringement and other complex commercial litigation and a broad variety of IP-related transactional matters.
Barry is Chair of the Copyright & Literary Property Committee of the New York City Bar Association; an active member of the INTA's Online Use/Web 2.0 Working Group, which is studying brands in social media; and, Co-Chair of the NY State Bar EASL Section's Publicity, Privacy and Media Committee.
Recent Matters of Note:
1960's Singing Group - Trademark Infringement
Kelly v. Duprees MJA, LLC, 2012 U.S. Dist. LEXIS 40597 (D. N.J. March 23, 2012). Represented the Estate of Michael Arnone, a co-founder of the famous 1960's vocal harmony group The Duprees, and its assignee, Duprees MJA, in obtaining summary judgment dismissing all claims alleging fraud on the USPTO, common law trademark infringement and violation of the New Jersey "Truth in Music" Act. The case was brought by a former singer who had joined the Duprees group in 1964, two years after they already had their first major hits, and left the group in the late 1970s, never to perform again. The dismissal on the merits brings to a close a six-year battle over the rights to the DUPREES name and rejects the notion that early members of a performing group can claim rights in the group's name if they abandon the group without securing a partnership agreement to the contrary or a license.
Maharam Fabric Corporation and Paul Smith v. Valley Forge Fabrics - Copyright Infringement
Represented Maharam Fabric Corp. and two corporate affiliates of UK designer Paul Smith in a copyright infringement action against a major textiles manufacturer for having knowingly copied a proprietary fabric design called "Modulating Stripes" owned by Paul Smith that was exclusively developed for, and licensed globally to, Maharam. Soon after an answer was filed, we negotiated a favorable settlement, which included defendant's destruction of remaining inventory and an agreement to never again copy any original Maharam or Paul Smith designs.
Documentary Film - Copyright Infringement
Representation of the producers and director of a documentary film in an action for copyright infringement tied to the use of certain pre and post 1972 sound recordings as background music under public television compulsory license provisions of the Copyright Act. We negotiated an early settlement that was satisfactory to our clients with no economic impact.
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British Artist - Digital Copyright Infringement
Representation of a major British contemporary artist in shutting down websites hosted from within the US, including through issuance of DMCA "take down" notices, that display unauthorized copyrighted images and offer to make unauthorized reproductions of his works