Barry Werbin
Partner; Chair, Intellectual Property/Technology Group
New York
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Partner; Chair, Intellectual Property/Technology Group
New York
email me | v-card
| Phone: | (212) 592-1418 |
| Fax: | (212) 545-3401 |
Apparel & AccessoriesArt
Business Services
Computer Hardware, Software & Services
Education
Entertainment & Related Media
Financial Services
Health Care
Internet & Technology
Media
Real Estate
Retail
Sports
Hospitality, Travel & Leisure
Fordham University School of Law, J.D., Law Review, 1981
City University of New York, Queens College
magna cum laude
New YorkCalifornia (inactive)
U.S. Supreme CourtU.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.
Media Mention
Copyright Protection, Freedom of Expression, and Fashion Show Photographs?
February 22, 2013 -- Center For Art Law
The Center For Art Law excerpted and linked to a review of the Ashby Donald and others v. France decision written by Barry Werbin, partner and chair of the Intellectual Property and Technology Group, which was originally published by the New York State Bar Association's Entertainment, Arts and Sports Law Blog.
February 22, 2013 -- Center For Art Law
The Center For Art Law excerpted and linked to a review of the Ashby Donald and others v. France decision written by Barry Werbin, partner and chair of the Intellectual Property and Technology Group, which was originally published by the New York State Bar Association's Entertainment, Arts and Sports Law Blog.
Media Mention
A Picasso Online for Just $450? Yes, It Is a Steal
September 3, 2012 -- The New York Times
Barry Werbin, chair of Herrick’s Intellectual Property Group and a member of Herrick’s Art Law Group, is quoted in The New York Times article “A Picasso Online for Just $450? Yes, It Is a Steal,” which analyzes the proliferation of fake and misleadingly labeled art for sale on the Internet. In the article, Barry suggests that legitimate works of art are few and far between on the Internet, yet customers continue to buy art online, partly because of misguided notions gleaned from shows like “Antiques Roadshow.”
September 3, 2012 -- The New York Times
Barry Werbin, chair of Herrick’s Intellectual Property Group and a member of Herrick’s Art Law Group, is quoted in The New York Times article “A Picasso Online for Just $450? Yes, It Is a Steal,” which analyzes the proliferation of fake and misleadingly labeled art for sale on the Internet. In the article, Barry suggests that legitimate works of art are few and far between on the Internet, yet customers continue to buy art online, partly because of misguided notions gleaned from shows like “Antiques Roadshow.”
Media Mention
Have You Heard? Duprees Singer's Suit Over Group's Name Is Thrown Out.
March 28, 2012 -- New Jersey Law Journal
Barry Werbin is quoted and Herrick’s win in federal court in New Jersey is noted in this article. A federal judge in New Jersey granted judgment to our client, the Estate of Michael Arnone, in a case that challenged the registered trademark ownership and rights of our client to use or license the name of The Duprees. The group, one of the world’s leading doo-wop groups, tours to this day and generates royalties. The judgment likely brings to a close the six-year dispute over the rights to the name and rejects the notion that early members of a band can use the group’s name if they leave the band without securing an agreement to the contrary or a license.
March 28, 2012 -- New Jersey Law Journal
Barry Werbin is quoted and Herrick’s win in federal court in New Jersey is noted in this article. A federal judge in New Jersey granted judgment to our client, the Estate of Michael Arnone, in a case that challenged the registered trademark ownership and rights of our client to use or license the name of The Duprees. The group, one of the world’s leading doo-wop groups, tours to this day and generates royalties. The judgment likely brings to a close the six-year dispute over the rights to the name and rejects the notion that early members of a band can use the group’s name if they leave the band without securing an agreement to the contrary or a license.
Media Mention
Toto, I've a feeling we're not in the public domain anymore
July 13, 2011 -- Thomson Reuters News & Insight
Barry Werbin weighs in on the possibility of appeal from or en banc reconsideration of a complex Eighth Circuit decision regarding rights to publicity photos shot on movie sets, based on the 1909 Copyright Act. This article notes that Barry is chair of the New York City Bar Association's copyright committee and mentions his view that portions of the plaintiff-friendly decision might be ripe for appeal, but that en banc reconsideration is unlikely, given the absence of a dissenting opinion from the three-judge panel.
July 13, 2011 -- Thomson Reuters News & Insight
Barry Werbin weighs in on the possibility of appeal from or en banc reconsideration of a complex Eighth Circuit decision regarding rights to publicity photos shot on movie sets, based on the 1909 Copyright Act. This article notes that Barry is chair of the New York City Bar Association's copyright committee and mentions his view that portions of the plaintiff-friendly decision might be ripe for appeal, but that en banc reconsideration is unlikely, given the absence of a dissenting opinion from the three-judge panel.
Media Mention
Making a last stand in SoHo
May 8, 2011 -- New York Post
Barry Werbin describes our partition action, in Manhattan Supreme Court, on behalf of a consortium that owns the majority of one of SoHo's last undeveloped parcels. Barry describes how our clients -- all senior citizens -- want to sell the property to enjoy the fruits of the sale during their lifetimes.
May 8, 2011 -- New York Post
Barry Werbin describes our partition action, in Manhattan Supreme Court, on behalf of a consortium that owns the majority of one of SoHo's last undeveloped parcels. Barry describes how our clients -- all senior citizens -- want to sell the property to enjoy the fruits of the sale during their lifetimes.
Media Mention
NFL warning sponsors about deals with players trade group
March 27, 2011 -- Sports Business Journal
Barry Werbin says the NFL's and franchises' websites are primarily informational -- and the players public figures -- which means the league is probably on safe ground continuing to use players' likenesses during the lockout. He says he understands the players' ire but says the league's First Amendment rights to disseminate information probably will prevail.
March 27, 2011 -- Sports Business Journal
Barry Werbin says the NFL's and franchises' websites are primarily informational -- and the players public figures -- which means the league is probably on safe ground continuing to use players' likenesses during the lockout. He says he understands the players' ire but says the league's First Amendment rights to disseminate information probably will prevail.
Media Mention
Firms Train Sights on MTA Licenses
January 30, 2011 -- Crain’s New York Business
Barry Werbin is quoted in “Firms Train Sights on MTA Licenses,” which discusses the growing popularity of New York City subway merchandise and how several entrepreneurs have licensing contracts with the MTA. Barry explains that entrepreneurs must have solid projections of what they can sell and how much demand there is for their product before entering into these contracts.
January 30, 2011 -- Crain’s New York Business
Barry Werbin is quoted in “Firms Train Sights on MTA Licenses,” which discusses the growing popularity of New York City subway merchandise and how several entrepreneurs have licensing contracts with the MTA. Barry explains that entrepreneurs must have solid projections of what they can sell and how much demand there is for their product before entering into these contracts.
Media Mention
How to hire freelancers with finesse: Know dos and don'ts to keep relationships with outside workers productive, problem-free
July 27, 2010 -- Crain's New York Business.com
Mara Levin discusses employment issues -- what distinguishes an employee from an independent contractor -- and Barry Werbin cautions that contractors' work product is the intellectual property of the contractors unless they sign a work-for-hire or assignment agreement. Mara and Barry made their observations in this story about how small businesses can safely use contractors instead of employees when circumstances dictate.
July 27, 2010 -- Crain's New York Business.com
Mara Levin discusses employment issues -- what distinguishes an employee from an independent contractor -- and Barry Werbin cautions that contractors' work product is the intellectual property of the contractors unless they sign a work-for-hire or assignment agreement. Mara and Barry made their observations in this story about how small businesses can safely use contractors instead of employees when circumstances dictate.
Media Mention
SC Leaves Big Questions Open in Text-Message Privacy Case
June 18, 2010 -- E-Commerce Times
Barry Werbin says the Supreme Court's ruling in City of Ontario v. Quon was based on such a narrow and unusual fact pattern that it leaves open the larger questions of how much privacy employees can expect when they use employers' networks and systems for personal communications during work hours. Barry notes that as the cost of technology drops, more employees will have personal communications devices, which should lessen their reliance on employers' equipment.
June 18, 2010 -- E-Commerce Times
Barry Werbin says the Supreme Court's ruling in City of Ontario v. Quon was based on such a narrow and unusual fact pattern that it leaves open the larger questions of how much privacy employees can expect when they use employers' networks and systems for personal communications during work hours. Barry notes that as the cost of technology drops, more employees will have personal communications devices, which should lessen their reliance on employers' equipment.
Media Mention
Critics Smell Spam in White House Healthcare Email Effort
August 17, 2009 -- E-Commerce Times
The Obama Administration's use of email to educate the public on health care and health insurance -- even if the communications contain advocacy -- does not violate the CAN-SPAM statute, Barry Werbin says. The emails constitute more of a political or public trust issue than a legal one.
August 17, 2009 -- E-Commerce Times
The Obama Administration's use of email to educate the public on health care and health insurance -- even if the communications contain advocacy -- does not violate the CAN-SPAM statute, Barry Werbin says. The emails constitute more of a political or public trust issue than a legal one.
Media Mention
Can Offbeat Names Hurt Business?
August 3, 2009 -- SmartMoney's SmallBiz
Barry Werbin cautions entrepreneurs against using lewd names for their small businesses because, he says, U.S. trademark law prohibits registering marks that the general public would consider immoral or scandalous. Also, he reminds, landlords can reject tenants for any non-discriminatory reason.
August 3, 2009 -- SmartMoney's SmallBiz
Barry Werbin cautions entrepreneurs against using lewd names for their small businesses because, he says, U.S. trademark law prohibits registering marks that the general public would consider immoral or scandalous. Also, he reminds, landlords can reject tenants for any non-discriminatory reason.
Media Mention
The Problems With Me, Inc.
August 3, 2009 -- SmartMoney's SmallBiz
In an article about eponymous small businesses, Barry Werbin says that selling a company with a trademarked name requires relinquishing the good will, or pleasant associations, that customers attach to brands or company names. Barry notes that in the U.S., a sale of a trademark without good will voids the mark if it's ever challenged in court.
August 3, 2009 -- SmartMoney's SmallBiz
In an article about eponymous small businesses, Barry Werbin says that selling a company with a trademarked name requires relinquishing the good will, or pleasant associations, that customers attach to brands or company names. Barry notes that in the U.S., a sale of a trademark without good will voids the mark if it's ever challenged in court.
Media Mention
Selling Your Trademarked Name
July 9, 2009 -- SmartMoney.com
Barry Werbin analyzes the legal and business issues behind selling companies' trademarked names in this question-and-answer column.
July 9, 2009 -- SmartMoney.com
Barry Werbin analyzes the legal and business issues behind selling companies' trademarked names in this question-and-answer column.
Media Mention
Google, Book Foes Propose Settlement To Copyright Lawsuit
October 29, 2008 -- Investor's Business Daily
Barry Werbin praises the settlement of widely watched copyright litigation between Google and two adversaries, the Authors Guild and the Association of American Publishers. Barry notes that the public will have a robust search mechanism, authors will receive appropriate royalties, and Google will develop significant revenue streams as a result of the settlement.
October 29, 2008 -- Investor's Business Daily
Barry Werbin praises the settlement of widely watched copyright litigation between Google and two adversaries, the Authors Guild and the Association of American Publishers. Barry notes that the public will have a robust search mechanism, authors will receive appropriate royalties, and Google will develop significant revenue streams as a result of the settlement.
Media Mention
Unsealing of documents 'not great' for licensees
September 22, 2008 -- Sports Business Journal
Barry Werbin is quoted on the significance of a judge's unsealing of previously nonpublic documents -- including commercial license contracts -- in a lawsuit in which retired professional football players are suing the players' union over licensing income.
September 22, 2008 -- Sports Business Journal
Barry Werbin is quoted on the significance of a judge's unsealing of previously nonpublic documents -- including commercial license contracts -- in a lawsuit in which retired professional football players are suing the players' union over licensing income.
Media Mention
Workplace Text-Messaging Ruling Wows Privacy Advocates
June 20, 2008 -- E-Commerce Times
Barry Werbin is quoted on a Ninth Circuit decision that held that employers using outside vendors to manage their text-messaging services generally do not have the right to ask the vendors for data about the employees' use of texting.
June 20, 2008 -- E-Commerce Times
Barry Werbin is quoted on a Ninth Circuit decision that held that employers using outside vendors to manage their text-messaging services generally do not have the right to ask the vendors for data about the employees' use of texting.
Media Mention
Dealing With the Damage From Online Critics
October 4, 2007 -- The New York Times
Barry Werbin is quoted in this story, which explores various ways that companies can deal with on-line, negative postings about them.
October 4, 2007 -- The New York Times
Barry Werbin is quoted in this story, which explores various ways that companies can deal with on-line, negative postings about them.
Media Mention
Equal vs. Splenda
April 25, 2007 -- CNBC
Barry Werbin discusses the litigation between Equal and Splenda, arguing that Splenda's slogan, "It's made from sugar so it tastes like sugar," is not misleading and that Equal's claims are without merit.
April 25, 2007 -- CNBC
Barry Werbin discusses the litigation between Equal and Splenda, arguing that Splenda's slogan, "It's made from sugar so it tastes like sugar," is not misleading and that Equal's claims are without merit.
Media Mention
Seeking to Compete in the Sales Arena
March 19, 2006 -- The New York Times
Barry Werbin is quoted in a story that examines issues surrounding business competition, under-pricing services and commissions, and advertising.
March 19, 2006 -- The New York Times
Barry Werbin is quoted in a story that examines issues surrounding business competition, under-pricing services and commissions, and advertising.
Media Mention
CAN-SPAM Act of 2003
2003 -- Computer and Internet Lawcast
Barry Werbin is interviewed by Computer and Internet Lawcast, an audio legal news service, to discuss the provisions and practical implications of the “CAN-SPAM Act of 2003,” one of the most sweeping federal laws regulating e-commerce and use of the Internet to date.
2003 -- Computer and Internet Lawcast
Barry Werbin is interviewed by Computer and Internet Lawcast, an audio legal news service, to discuss the provisions and practical implications of the “CAN-SPAM Act of 2003,” one of the most sweeping federal laws regulating e-commerce and use of the Internet to date.
Media Mention
Is It Art, or Memorex?
May 21, 2001 -- WIRED.com
Barry Werbin is quoted in an article that discusses the issues regarding digital images.
May 21, 2001 -- WIRED.com
Barry Werbin is quoted in an article that discusses the issues regarding digital images.
Media Mention
The Boss's Souvenirs
December 1, 1998 -- The Village Voice
Barry Werbin is quoted in The Village Voice.
December 1, 1998 -- The Village Voice
Barry Werbin is quoted in The Village Voice.
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