FacultyFaculty/Author Profile
Nancy J. Mertzel

Nancy J. Mertzel

Herrick, Feinstein LLP

New York, NY, USA

  • Intellectual Property, IP Litigation, IP Counseling, Prosecutions & Transactions, Litigation, Alternative Dispute Resolution, Art, Technology Transactions & Licensing


  • American University, Washington College of Law(J.D.)
  • University of Rochester(B.A.)


Nancy has more than 25 years of experience protecting brand names, products, content and technology.

Nancy's litigation experience includes numerous disputes involving the scope of copyright protection in source code and data. For example, on behalf of a leading bank and big box retailer, she recently defeated a claim of copyright in the individual numbers comprising an index of average financial rates. She has also handled trademark infringement cases, "failed systems" disputes between developers and licensees, trade secret cases involving software, and recovered dozens of domain names from cyber squatters.

On the transactional side, Nancy oversees trademark clearance, prosecution and portfolio management, and drafts a wide variety of agreements including copyright and trademark licenses, software licenses and software development agreements.

Nancy is an active member of the bar, and a frequent speaker and author. She currently serves as a board member of the American Intellectual Property Law Association, one of the largest associations of IP lawyers in the world. In that role, she recently testified before Congress on the need for the U.S. Copyright Office to have greater autonomy over its information technology and funding. In addition, she authored two amicus curiae briefs filed with the U.S. Supreme Court—in Petrella v. Metro-Goldwyn-Mayer, which involved the defense of laches in copyright infringement cases, and B&B Hardware, Inc. v. Hargis Industries, Inc., which involved the preclusive effect of decisions by the Trademark Trial and Appeal Board on subsequent litigation.

Since 2009, Nancy has been named one of Thompson Reuters' New York Super Lawyers for Intellectual Property Litigation, as well as one of the publication's top women attorneys (2013-2014).

Memberships & Associations

  • American Intellectual Property Law Association (AIPLA)
    • Board of Directors (2014-2017)
    • Amicus Committee Appointed Member (2013-2014)
    • Copyright Law Committee Chair (2011-2013)
    • Co-Chair LGBT Sub-Committee of Diversity Committee (2010-present)
  • Copyright Society of the USA
    • Advisory Committee to the Executive Committee (2012-2013)
    • Treasurer (2008-2010)
    •  Trustee (2006-2009)
    • Web Committee Co-Chair (2003-2007)
    • Volunteer of the Year Award Recipient (2007)
  • Association of the Bar of the City of New York
    • Trademarks and Unfair Competition Committee (2008-2010)
  • International Trademark Association
  • National Association of Women Lawyers

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