Raskopf, Robert L.

Robert L. Raskopf

Partner

  Biography

Mr. Raskopf is a prominent trial and appellate lawyer in intellectual property, media, sports, entertainment and privacy.  He is Chair of the firm’s National Sports Litigation Practice, Co-Chair of its Trademark & Copyright Practice, and Co-Chair of its National Media & Entertainment Practice.  His practice includes the following substantive areas:  trademark/dilution, copyright, libel/First Amendment, privacy/publicity, design patent, product configuration, trade dress, trade secrets, advertising, and access to courts and governmental proceedings.  He has litigated many cases through trial and appeal, both jury and non-jury, in state and federal court, and has been counsel of record in over 80 reported decisions.  Mr. Raskopf is long recognized as a leading lawyer nationally and in New York by Chambers USA. Chambers USA notes that he "handles the gamut of media and entertainment issues, from IP and privacy to First Amendment and advertising." According to Chambers USA (2012), "he has high energy and demonstrates a passion for exceeding clients' expectations and needs" with clients praising him as an attorney who brings "deep knowledge of our business, is creative, and when necessary can be effectively aggressive in his approach."  Sources told Chambers USA (2013) that Raskopf "is exactly the kind of litigator we love - aggressive but thoughtful” and that they "would recommend him utterly and without reservation."  Chambers USA (2014) named him "a leading litigator in the worlds of media, entertainment and sports" with a focus on "the enforcement and protection of trademarks, copyright, right of publicity, trade dress and trade secrets" and "expertise in areas such as advertising, IP, First Amendment and privacy matters."  Sports Business International also listed him as one of the "World's 20 Most Influential Lawyers" in 2010.  He consistently is rated as a New York Super Lawyer and as a member of Who's Who Legal USA for Trademark Law.

  Representative Clients

  • Chief outside intellectual property, litigation and licensing counsel to the NFL and its member clubs for more than three decades, and many of the decisions he has obtained for the NFL, its affiliates and its Member Clubs are recognized as being among the farthest reaching in sports marketing and intellectual property law.  Among the NFL teams he has represented in significant litigation are: Baltimore Ravens, Washington Redskins, Cleveland Browns, Dallas Cowboys, Indianapolis Colts, Denver Broncos, Pittsburg Steelers, St. Louis Rams, New England Patriots, Cincinnati Bengals, and Green Bay Packers.
  • In the sports marketing and media fields, he has also represented the National Hockey League, Major League Soccer, Arsenal, IAC/Vimeo, Discovery Communications, Current TV, Wprost, Women’s United Soccer Association, Fox Broadcasting, ESPN, The Thomson Corporation, Score/Pinnacle Trading Cards, Comcast, Verizon, United Business Media, PRNewswire, CMP Media, Newsday, Village Voice, Gruner & Jahr, The National Sports Daily, Playoff/Donruss Trading Cards, TheStreet.com, and The Upper Deck Company. 
  • In the entertainment and consumer products field, he has represented Colgate-Palmolive, Bristol-Myers Squibb, Gucci, Priceline, Brach's Confections, Coca-Cola, Del Monte, Volispirits, Wolverine, Hyundai Motor America, Coty, Collective Brands, Vimeo, The Upper Deck Company, Deckers Outdoor Corporation, Payless Shoe Source, Verizon, International Paper, Repossi, Pitney Bowes, Starwood Hotels, Las Vegas Sands, Principality of Monaco, Ticketmaster, Madison Square Garden, Wal-Mart and Hyundai, Johnson & Johnson, and Diageo plc. 
  • He has also represented Houlihan Lokey, E*Trade, Red Zone, ICTSI and many other companies outside the sports marketing entertainment media and consumer products fields.  

  Notable Representations

  • Secured zero damages in a Baltimore federal jury verdict for Baltimore Ravens against an artist in a copyright infringement case, affirmed by the 4th Circuit.  This case has spawned multiple additional cases and decisions venued in Baltimore federal court and the 4th circuit, several of which are ongoing.
  • Secured Milwaukee federal jury verdict in favor of Green Bay Packers against clothing designer and several NFL player licensors in trademark and trade secret case.
  • Secured District of Columbia federal judgment in favor of Washington Redskins against Native Americans seeking to cancel six federal registration on the ground of disparagement, affirmed by the US Court of Appeals for the DC Circuit.  A separate action of a similar nature, is going forward with closing argument heard in the Trademark Trial and Appeal Board on March 7, 2013.
  • Secured American Arbitration Association monetary judgment and specific performance for wrongful termination against the Downtown Athletic Club and its Heisman Trophy marketing program in favor of its licensing agreement, affirmed in New York State Supreme Court. 
  • Secured Seattle federal court judgment in favor of ESPN in reverse confusion trademark case after winning both preliminary injunction and summary judgment motions, each of which were affirmed in the 9th Circuit.
  • Secured Indianapolis federal court judgment for Indianapolis Colts trademark infringement trial against Canadian football league and its Baltimore Colts franchise, affirmed in the 7th Circuit.
  • Secured Boston federal court judgment for clothing designer Les Petites' in copyright trial.
  • Secured Wisconsin federal judgment for St. Louis Rams trademark case, affirmed in 7th Circuit.
  • Secured Dallas federal judgment for Gruner & Jahr in libel case, affirmed in 5th Circuit.
  • Secured New York federal judgment for TheStreet.com under First Amendment right of access to documents, affirmed in 2nd Circuit.
  • Secured New York federal judgment for Newsday under First Amendment right of access to documents, affirmed in 2nd Circuit.
  • Secured Washington State Court judgment for Current TV in libel case. 
  • Secured South Carolina federal court judgment for Wprost magazine in libel case.
  • Secured Ohio federal court judgment for West Group in trademark case, affirmed in 6th Circuit.
  • Secured Dallas federal court judgment for Dallas Cowboys in trademark infringement action. 
  • Secured Los Angeles federal court judgment for Score trading Cards in trademark and copyright case.
  • Secured New York State Court judgment for Newsday in freedom of Information Law case.
  • Secured New York State Court judgment for  Newsday in libel case, affirmed in 2nd Department New York.
  • Secured New York State Court judgment for  Newsday in libel case, affirmed in 1st Department New York.
  • Secured New York federal judgment for Plus Products in trademark case, affirmed in part in the 2nd Circuit.
  • Secured New York State judgment for Newsday in libel trial.
  • Secured New York judgment in favor of JI Case in products liability case.
  • Secured New York federal preliminary injunction for Camp Beverly Hills in trademark case.
  • Secured Indianapolis federal preliminary injunction copyright and trademark judgment against Topps  in favor of Upper Deck Trading Cards.
  • Secured New York federal preliminary injunction in trademark case in favor of Ideal Publishing.
  • Secured New York federal trial judgment in trademark case in favor of Aris-Isotoner.
  • He has also favorably settled hundreds of other litigated matters for his clients.

  Practice Areas

  • Intellectual Property Litigation
  • Internet Litigation
  • Media & Entertainment Litigation
  • Sports Litigation
  • Trademark, Trade Dress, Unfair Competition/False Advertising, and Publicity Rights Litigation
  • Copyright Litigation

  Education

  • Boston College Law School
    (J.D., 1976)
    • Boston College Law Review:
      • Editor, 1976
  • Boston College
    (B.S., magna cum laude, 1973)
    • Beta Gamma Sigma

  Admissions

The State Bar of New York; United States Supreme Court; United States Court of Appeals: Second Circuit, Fourth Circuit, Fifth Circuit, Sixth Circuit, Seventh Circuit, Ninth Circuit, Eleventh Circuit, District of Columbia Circuit, Federal Circuit; United States District Court: Southern District of New York, Eastern District of New York;

  Awards

  • Managing Intellectual Property: IP Star, 2014
  • Named one of AV Preeminent's 2014 Top Rated Lawyers in Litigation
  • World Trademark Review 1000, New York: Silver Individual Recommendation- Enforcement & Litigation, 2014
  • Selected as a New York "Super Lawyer" in Intellectual Property Litigation, 2013
  • Selected as an "IP Star" by Managing IP, 2013
  • Chambers USA - Leading Lawyer Nationally and in New York, 2005-present
  • Selected as a “2013 Top Rated Lawyer in Intellectual Property” by American Lawyer
  • Sports Business International "The World's 20 Most Influential Lawyers," 2010
  • National Law Journal "Appellate Hot List," 2010
  • The Highest AV Rating in Martindale-Hubbell for Legal Abilities and Ethics in the Practice Area and also listed in its Bar Register of Preeminent Lawyers for his Civil Trial Practice.
  • Selected for inclusion in The International Who’s Who of Business Lawyers as an International Trademark Lawyers, various years
  • Selected for inclusion in Who’s Who Legal USA as a Trademarks Lawyer, 2006
  • Selected by the "Law Dragon 500" as a New Star, 2006

Publications and Lectures

  • Panelist, Fordham Intellectual Property 22nd Annual Conference on International Law & Policy, April 25, 2014
  • Co-author (with C. Bogdanos and J. Jacoby), "Selecting a Survey Expert," Trademark Surveys, 2013
  • Speaker, “Strategic Litigation: Wisdom and Experience from Veterans,” Legal Alliance Summit, June 20, 2013
  • Speaker, “Refusing Registration/Cancellation of Marks for Disparaging Racial and Ethnic Groups.” 21st Annual Fordham Intellectual Property Law & Policy Conference, April 5, 2013
  • Speaker, “Right of Publicity in the United States” Seminar at the Singapore IP Academy, January 2009
  • Speaker, "Litigating Intellectual Property Cases for Sports, Media and Entertainment Companies," New York County Lawyers' Association's Entertainment, Media Intellectual Property and Sports Law Committee, March 21, 2007
  • Speaker, "Creative Entrepreneurship Summit 2006," IP First Society, Beijing, October 2006
  • Speaker, "IP/IT Opportunities for a Full Service Law Firm," Blakes Business Symposium, Toronto, Canada, October 21, 2005
  • "The Use of Intellectual Property Rights to Obtain Commercial Advantage," Shanghai Bar Association and Fudan University Law School, September 16-17, 2004
  • "Protection of Well-Known Trademarks in the EU and the USA," Lecture before the Intellectual Property Department of the Government of Hong Kong, September 14, 2004
  • "Trademark Dilution Law in the United States," Seminar at the Singapore IP Academy at the University of Chicago's Singapore campus, September 10, 2004
  • Working Group, Sedona Conference on Protective Orders, Confidentiality & Public Access, Seton Hall Law School, Newark, NJ, September 8, 2005
  • "No Turning Back the Clock:  The Significance of Laches in Pro-Football, Inc. v. Harjo, et al.," published as part of materials from the 19th Annual Intellectual Property Law Conference, April 2004 (presentation and article)
  • "Recent Developments in Privacy Law," White & Case, LLP’s Fourth Annual Global Privacy Symposium, BNA Privacy & Security Law Report, April 28, 2004
  • "Strategies for Licensing Success Worldwide," INTA Midyear Convention, November 15, 2002
  • "Privacy Across Borders – Coping with Uncertainties," 2002 Global Privacy Symposium, White & Case LLP & Pike & Fischer, April 30, 2002
  • "The New Practice of Privacy: Global Risks, Global Strategies (Video Telesymposium)," Privacy Law Advisor (BNA), February 2001
  • "Branding & Content in a Global Electronic Society" (Symposium), Internet Law & Business, January 2000
  • "Copyright and the Information Society; a U.S. Perspective," Intellectual Property Seminar, "Euroavocats," Brussels, Belgium, June 12, 1998
  • "Personal Jurisdiction and the Internet," Law and Order in Information Commerce, Tucson, Arizona, February 23, 1998
  • "The Right of Publicity and the Internet," Practicing Law Institute, Intellectual Property Law Institute 1996, September 10, 1996
  • "Overview of Supreme Court Defamation Opinions:  1985-1995," New Media, New Torts, New Threats: Libel Defense in the Next Century NAA-NAB-LDRC Libel Conference, September 22, 1995
  • "Implementing Best Practices Before and After a Security Breach Can Mitigate Corporate Risk," The Privacy & Data Protection Legal Reporter, Volume 1, Number 2 (March 2006)
  • Co-author, "Privacy Law," New York Law Journal, September 29, 2005
  • Co-author, "New Data Securities Laws Put Companies At Risk," New York Law Journal, June 30, 2005
  • Co-author, "Refusing to Mix Legal and Social Issues," New York Intellectual Property Law Association, February/March 2004
  • Co-author, "Cross-Border Data Information Transfer:  Restrictions Pose a Global Challenge," New York Law Journal, July 29, 2003
  • "Intellectual Property and Trusts and Estates," New York State Bar Association Trusts and Estates Law Section Newsletter, Fall 1997
  • "Sample Voir Dire Questions For Libel Media Defense Counsel," Libel Defense Resource Center, Jury Subcommittee, September 1997
  • "Trademarks and the Internet," Practicing Law Institute, Intellectual Property Law Institute 1995, Page 1047, September 5, 1995
  • "Jury Instructions on Damages Issues in Libel Cases," Practitioners’ Roundtable, LDRC Bulletin, 1994 Issue No. 3, July 31, 1994
  • "Discovery in Trademark Cases From a Defendant’s Perspective," ABA 1993 Annual Convention Course Materials, August 9, 1993
  • "Efficiency and Effectiveness in the Management of Trademark Cases:  Establishing Goals and Working to Achieve Them," USTA Litigation Forum Coursebook, June 2, 1992
  • "Libel Claims: A Correction Statute for New York State," New York Law Journal, Page 1, January 9, 1991
  • "A First Amendment Right of Access to a Juror’s Identity:  Toward a Fuller Understanding of the Jury’s Deliberative Process," 17 Pepperdine University Law Review 357, 1990
  • Co-Author, "Delay in Filing Preliminary Injunction Motions:  How Long Is Too Long?," 80 The Trademark Reporter 1, January-February 1990
  • "Access to Advisory Commission Meetings Under the Open Meetings Law (It’s Time to Let Some Sunshine In)," New York Law Journal, Page 2, August 16, 1989"On Restaurant Reviews and the Law of Libel," New York Law Journal, Page 1, October 16, 1987
  • "Negotiating a Work for Hire Relationship Under Section 101 of the Copyright Act," 6 The Merchandising Reporter 3, November-December 1987
  • "The Heisman Trophy Case:  The Licensing Agent Carries the Ball," 5 The Merchandising Reporter 11, November-December 1986
  • Co-Author, "Disclaimers in Trademark Infringement Litigation: More Trouble Than They Are Worth?" 76 The Trademark Reporter 35, 1986
  • "Former Government Attorneys and the Appearance of Evil Doctrine," 16 Boston College Law Review 651, 1975.

Professional Activities

  • Founding Member, Intellectual Property Committee, Federal Bar Council
  • Member, Federal Bar Council,  USA           
  • Member, The Privacy and Data Protection Legal Reporter Editorial Board, 1998-2005
  • Member, Internet Law & Business Editorial Board, 1999-2005
  • Member, The Trademark Reporter Advisory Board, 1995-Present
  • Member, New York State Bar Association
  • Member, Media Law Resource Center (Defense Counsel Section), 1990-Present
    • Chair Jury Committee MLRC, 1995
  • Member, American Arbitration Association Panel of Arbitrators, 1989-2000
  • Member, BNA's Electronic Information Policy & Law Report Advisory Board, 1995-2000
  • Member, Copyright Society of the U.S.A., 1998-2004
  • Member, Association of the  Bar of the City of New York
  • Member, American Bar Association
  • Member, Board of Directors, International Trademark Association, 1992-1994
  • The Trademark Reporter; International Trademark Association
    • Editor-in-Chief, 1992-1994
    • Advisory Board, 1995- Present
    • Board of Editors 1984- 1992
  • Volunteer Lawyers for the Arts, ~1980 – 1985
  • N.Y. State Volunteer Mediation Program (Mediator)