Martin Schwimmer counsels clients, prosecutes U.S. and international trademark and copyright applications, and litigates intellectual property disputes. His clients span from major well-known companies to two guys in a garage. They operate in fields as diverse as consumer electronics, luxury goods, sex positive products (a real industry term), entertainment, and industrial products.
Martin is best known as the publisher of The Trademark Blog, the world’s oldest blog devoted to trademark and copyright law, as well as a Twitter microblog (@trademarkblog). He has recently co-authored an article in The Trademark Reporter arguing for a statutory notice and takedown procedure for online infringements, analogous to the DMCA.
Well-known in domain name circles, Martin participated in the first reported domain name dispute, MTV v. Curry (1994). Active in domain name politics, he was involved in the shouting match in the cafeteria of the University of Santiago in 1999 that led to the final version of the Uniform Dispute Resolution Proceeding (UDRP). Martin is a Panelist for UDRP proceedings administered by the World Intellectual Property Organization.
Martin has been widely quoted in the press for his views on intellectual property issues. He has been interviewed on CNN about domain names, and once, on FoxNews.com, was mistakenly asked questions about interest rates.
Martin has been a speaker at the annual meetings of the ABA, the AIPLA, and the New York, Michigan and Minnesota State Bars, as well as at meetings of the Association of the Bar of the City of New York and at various INTA conferences.
Martin’s proudest achievement as a trademark attorney was participating in Tiffany & Company v Fabriques de Tabac Reunies, Civil Appeal No. 317 of 1998, Court of Appeal, the highest court in Singapore, which changed famous mark law there, introducing the concept of “reputation without use.” He has a great deal of experience with multi-national trademark disputes and has filed too many UDRPs to count.
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. District Court for the Western District of New York
U.S. District Court for the Northern District of New York
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the D.C. Circuit
Fordham School of Law, J.D., 1988
Harvard University, B.A., 1982