FacultyFaculty/Author Profile
Nancy J. Mertzel

Nancy J. Mertzel

Herrick, Feinstein LLP

New York, NY, USA


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

Education

  • 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
Nancy J. Mertzel is associated with the following items:
CHB Chapters  CHB Chapters Brief for the Respondents, Star Athletica, L.L.C. v. Varsity Brands, Inc., et al., Case No. 15-866 (U.S. Supreme Court, September 14, 2016) - Advanced Copyright Law 2017: Current Issues, Friday, March 17, 2017
Reply Brief for the Petitioner, Star Athletica, L.L.C. v. Varsity Brands, Inc., et al., Case No. 15-866 (U.S. Supreme Court) - Advanced Copyright Law 2017: Current Issues, Friday, March 17, 2017
Web Segment  Web Segment Supreme Court Review - Advanced Copyright Law 2017: Current Issues, Tuesday, March 21, 2017
MP3 Audio  MP3 Audio Supreme Court Review - Supreme Court Review , Tuesday, March 21, 2017
Transcripts  Transcripts Supreme Court Review - Supreme Court Review , Tuesday, March 21, 2017
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Supreme Court Review - Supreme Court Review , Tuesday, March 21, 2017
On-Demand Web Programs  On-Demand Web Programs Advanced Copyright Law 2017: Current Issues, Thursday, March 23, 2017, New York, NY
Share
Email

  • FOLLOW PLI:
  • twitter
  • LinkedIn
  • GooglePlus
  • RSS

All Contents Copyright © 1996-2017 Practising Law Institute. Continuing Legal Education since 1933.

© 2017 PLI PRACTISING LAW INSTITUTE. All rights reserved. The PLI logo is a service mark of PLI.