Mark J. Rosenberg

Partner

P 212.216.1127   F 212.216.8001

 
P 212.216.1127   F 212.216.8001   mrosenberg@tarterkrinsky.com

Mark J. Rosenberg is a Partner in the Intellectual Property Group and a Co-Chair of the firm’s Reputation Management practice. He has more than 25 years of experience assisting clients in protecting their reputations from defamation and violations of their publicity and privacy rights as well as representing clients in acquiring, protecting, enforcing and licensing their intellectual property rights. He is experienced in all areas of patent, trademark, copyright, trade dress, defamation, privacy, trade secrets and advertising law. In addition to being a litigator, he counsels clients in negotiating and structuring a wide variety of licenses, co-branding, distribution, development, hosting, affiliate, procurement and services agreements.

A significant part of his practice is dedicated to e-commerce and Internet marketing law, including DMCA, CAN-SPAM and Communications Decency Act compliance, advertising, video marketing, search engine optimization, sweepstakes and other games of chance, website development, affiliate, co-branding and hosting agreements, privacy policies and website terms of use.

As a litigator, he advises clients in cost-effectively avoiding and resolving legal disputes and has successfully handled complex patent, trademark, copyright, unfair competition, trade dress and false advertising and defamation actions in federal district and appellate courts, and before the Trademark Trial and Appeal Board.

Mark has developed a specialty in representing clients in cases involving trade dress rights relating to the interior designs of retail stores and restaurants.  In these cases, he works with clients to enforce their trade dress rights as well as assisted clients accused of infringing another’s trade dress rights.

Mark began his career as an attorney at Proskauer Rose LLP where he was a commercial litigator. Mark also spent many years practicing law at the intellectual property boutique Amster Rothstein & Ebenstein LLP where he worked in nearly every area of intellectual property law.

Recent representative matters include:

  • Preslar v. Kaminski, et al., No. 3:16-cv-03423 (N.D. Tex.)
  • Applied Business Software, Inc. v, FCI Lender Services, Inc., et al. (No. BC568911) (Cal. Super.)
  • Greenland v. Harbor Freight Tools USA, Inc., No. 2:14-cv-5867-RGK (C.D. Cal.)
  • It’Sugar LLC v. I Love Sugar, No. 4:13-cv-01644 (D. S.C.).
  • Facebook, Inc. v. Adscend Media, LLC, No. 5:12-cv-00414 (N.D. Cal.)
  • State of Washington, v. Adscend Media, LLC, No. 2:12-cv-00139 (W.D. Wa.)
  • Big Roc Tools, Inc. v. Harbor Freight Tools USA, Inc., No. 12-CV-1681 (E.D.N.Y.)
  • General Protecht Group, Inc. et al. v. Leviton Manufacturing Co., Inc., No. 10-cv-01020 (D. N.M.)
  • Centurion Media Group Inc v. United Marketing Partners et al., No. 8:10-cv-01317 (C. D. Cal.)
  • Rikona Food Limited and KCP Food (U.S.) Inc. v. Sakura Japan Union Station, LLC, No. 1:2009cv01337 (D. D.C.)
  • Vogster Entertainment, LLC v. Mostovoy, 1:09-cv-01036, No. 1:09-cv-01036 (E.D.N.Y.)
  • Turn On Products, Inc. v. Mega Wear, Inc., 1:09-cv-05750 (S.D.N.Y.)
  • Barnhart v. Federated Department Stores, Inc., No. 1:04-cv-03668 (S.D.N.Y.)
  • Leviton Manufacturing Co., Inc. v. Harbor Freight Tools USA, Inc., No. CV- 04-129 (D. N.M.)
  • Twin Laboratories. v. Metabolife International, No. 9:99-cv-02936 (E.D.N.Y.)
  • Sephora USA, LLC v. Macy’s West, Inc., No. C99-03809 (N.D. Cal.)
  • Mackie Designs, Inc. v. Sam Ash Music Corp., No. 0:98-cv-01188 (E.D.N.Y.)
  • Mackie Designs Inc v. Behringer Spezielle et al., No. 2:97-cv-01010 (W.D. Wa.)
Education
  • Duke University School of Law, J.D. 1989
  • Cornell University College of Arts and Sciences, B.A 1986
Admissions
  • New York
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Connecticut
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
Articles
  • “The DOs and DON’Ts of User-generated Reviews,” Website Magazine, April 2012
  • “Video Marketing and the Law,” FeedFront Magazine, January 2010
Speaking Engagements
  • “Internet Marketing and the Law," Marketer's Blackbook, September 2012
  •  “Mobile Media and the Law: Legal Do’s and Don’ts,” Mobile Marketing and Media 2010 Conference, June 2010

Last Read
The Last Lion Vol. III

Favorite Sports Team
New York Mets

Favorite Movie/TV Character
Steve McGarrett

  • I Love Sugar

    I LOVE SUGAR is much more than a candy store. The high-end retailer takes the candy we all love and delivers a magical experience. State of the art design, including custom fixtures and attention to details, is what the experiential retailer believes makes shoppers often refer to I LOVE SUGAR as "the Apple store of candy". In a trade dress and trademark infringement case brought by their competitor, It’Sugar claimed that I LOVE SUGAR infringed their trademark and the overall look and feel of It’Sugar retail stores.

News

Events

Education
  • Duke University School of Law, J.D. 1989
  • Cornell University College of Arts and Sciences, B.A 1986
Admissions
  • New York
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Connecticut
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
Articles
  • “The DOs and DON’Ts of User-generated Reviews,” Website Magazine, April 2012
  • “Video Marketing and the Law,” FeedFront Magazine, January 2010
Speaking Engagements
  • “Internet Marketing and the Law," Marketer's Blackbook, September 2012
  •  “Mobile Media and the Law: Legal Do’s and Don’ts,” Mobile Marketing and Media 2010 Conference, June 2010