Nancy J. Mertzel protects brand names, products, content and technology. Her diverse intellectual property practice includes handling both transactional and litigation matters. Ms. Mertzel has represented clients engaged in a variety of business endeavors including consumer goods, entertainment, financial services, health care, hospitality, publishing (academic and music), software development and technology. Since 2009, she has been listed among the New York Super Lawyers for Intellectual Property Litigation.
In the trademark field, Ms. Mertzel has substantial experience handling domestic and international clearance, filings, prosecution, portfolio management, and licensing. Ms. Mertzel regularly litigates trademark infringement actions in the federal courts and has obtained numerous preliminary injunctions. She also handles disputes before the Patent and Trademark Office's Trademark Trial and Appeal Board. Her proven track record includes recovering dozens of domain names from cybersquatters. Ms. Mertzel's notable victories include recovering a generic domain that was "hijacked" from a client's account by an anonymous overseas registrant, recovering the primary domain on the eve of a highly-publicized international merger, and recovering a potentially pejorative domain for a leading magazine in a hotly-contested case that received significant media coverage. She currently represents a leading beverage company in trademark clearance, prosecution and disputes.
In the copyright field, Ms. Mertzel advises clients regarding copyright validity, infringement, fair use, licensing and related issues. She also counsels clients with regard to copyright registration and assignment matters. She has drafted and negotiated advertising agreements and provided strategic advice regarding online distribution of musical performances, ringtones and other content. Ms. Mertzel has also handled numerous copyright infringement cases, including proving "striking similarity" in a music trial. She is currently representing a leading retailer and major financial services company in a litigation involving copyright in numbers
In the software and technology fields, Ms. Mertzel handles transactions and litigation matters involving source code, hardware and online distribution issues. She represented a multi-billion dollar diversified technology leader in a lawsuit involving novel issues of database protection and data extraction and represented pre-eminent software companies in cutting-edge litigations involving circumvention of copyright protection technologies. She has obtained numerous preliminary injunctions in copyright cases involving infringement of source code. She also represented a global advertising agency in Internet-related litigations, represented in "failed systems" disputes between developers and licensees, and handled trade secret cases involving software. She has also represented developers in software licensing.