Robert L. Raskopf
New York Office
Entertainment and Media Litigation
Intellectual Property Litigation
Mr. Raskopf is a prominent trial and appellate lawyer in the intellectual property, media, sports, entertainment and
privacy bars. His practice includes the following substantive areas: trademark, copyright, libel/First Amendment,
privacy/publicity, patent, product configuration, trade dress, trade secrets and advertising. He has litigated many cases
through trial and appeal, both jury and non-jury, in state and federal court, and has been counsel of record in over 60
reported decisions. Mr. Raskopf also has a long history in privacy-related matters. He also counsels multinational
clients concerning compliance with the growing web of global privacy and data protection laws. Mr. Raskopf is
recognized as a leading lawyer nationally in Chambers USA in sports law and in New York in media & entertainment:
copyright & contract disputes. Sports Business International also listed him as one of the "World's 20 Most Influential
Lawyers" in 2010.
Chief outside intellectual property, litigation and licensing counsel to the NFL and its member clubs for more than two
decades, and many of the decisions he has obtained for the NFL are recognized as being among the farthest reaching
in sports marketing law.
In the sports marketing and media fields, he has also represented the National Hockey League, Major League Soccer,
Discovery Communications, Women’s United Soccer Association, ESPN, The Thomson Corporation, Score/Pinnacle
Trading Cards, Comcast, Verizon, United Business Media, PRNewswire, CMP Media, Newsday, Village Voice, Gruner
& Jahr, The National Sports Daily, Playoff/Donruss Trading Cards, and TheStreet.com.
In the consumer products field, he has represented Colgate-Palmolive, Bristol-Myers Squibb, Gucci, Priceline and
In the intellectual property field, he has represented Hyundai Motor America, Coty, Inc., Collective Brands, LLC,
Vimeo, The Upper Deck Company, Deckers Outdoor Corporation, and Payless Shoe source, Inc.,
In privacy-related matters, he has been the lead libel lawyer for Newsday, New York Newsday, TheStreet.com and
National Sports Daily.
Sports Entertainment and Media Litigation
Representing the National Football League and the Dallas Cowboys in seeking a declaration of their right to employ
the mark America's Team in connection with a variety of commercial activities.
Representing Major League Soccer in a reverse confusion case wherein a soccer club named the Carolina Dynamos,
seek to undo the new nickname of an MLS team, the Houston Dynamos.
Representing the Mexican National Football Team in an unfair competition case against a calling card company who
employed indicia on product and promotional materials corresponding to the official jersey of the team.
Represented both the landline and wireless companies of Verizon in separate, multi-party federal patent infringement
actions pending in federal court in Pennsylvania concerning certain call-blocking technology.
Represented ESPN, Inc., and Orley Adelson Productions, Inc., in a trademark infringement action brought by
Playmakers LLC, concerning the use of "Playmakers" in the title of a critically acclaimed television series concerning
the off-field lives of professional football players. The Plaintiff alleged that ESPN's "Playmakers" series amounted to
reverse confusion and overwhelmed its sports agency brand, causing consumers to believe that its agency was owned
by or affiliated with ESPN. A preliminary injunction was denied in a federal district court and later affirmed by the Ninth
Circuit. The district court later granted ESPN's motion for summary judgment which was upheld by the Ninth Circuit.
Represented the National Football League and the Green Bay Packers in a trademark infringement and trade secret
case against a company that had obtained publicity rights from various Packers players to use their names and
numbers on football jerseys. Notwithstanding that the defendant had obtained those rights from the players, because
it had not received approval from our clients, the jury in Milwaukee rendered a verdict in our favor, which was upheld
by the Seventh Circuit.
Represented ESPN, Inc., the owner and creator of the nation's premier action sports competition known as the X
Games, in an action for trademark infringement in federal court in New York against The X Channel, Inc., which
intended to launch a national television channel featuring action sports. After obtaining a temporary restraining order,
the court quickly set a preliminary injunction hearing and the case settled promptly.
Defended the National Football League and the Baltimore Ravens against claims, in the billions, of copyright
infringement, brought by an amateur artist regarding the Raven's helmet logo. After the jury had found for the plaintiff
on liability, we were brought in to try the damages case. We obtained a jury verdict of zero damages and persuaded
the jury that the logo infringed did not drive any revenue generating activity but, rather, such large revenues were
solely the result of the inherent power of the NFL brand and the sport itself. The verdict was affirmed by the Fourth
Circuit and the Supreme Court denied cert.
Represented the owner of the rights to the Heisman Trophy when an athletic club claimed breach of contract. In
addition to restoring the marketing and television rights, the client obtained specific performance of the contract and
was also awarded damages for the breach.
Represented the National Football League and the Cleveland Browns in a trademark infringement case against an
apparel company over use of the "Dawg Pound" brand and logo. Obtained summary judgment on trademark priority.
Other Intellectual Property Litigation
Representing Hyundai Motor America in a trademark infringement suit brought by Louis Vuitton Malletier in the
Southern District of New York. Louis Vuitton alleges that Hyundai infringed on its mark in Hyundai’s “Luxury”
advertisement for the 2011 Sonata, which ran during the Super Bowl and again during the Oscars. In the
advertisement, Hyundai shows luxury items being used in everyday situations, including men playing basketball on a
marble court with a ball covered in what Louis Vuitton alleges are “colorable imitations” of its trademarks.
Representing Coty, Inc. in New York State Supreme Court New York County. Coty, the famous beauty company seeks
damages and injunctive relief against the defendant Alstodt, a former top executive of a company Coty purchased, for
violating his non-compete agreement by forming and operating a competing nail care business.
Representing Vimeo in Manhattan federal court claiming hundreds of copyright infringements of sound recordings and
compositions owned by plaintiffs. Vimeo, a subsidiary of internet media company IAC represented by Mr. Raskopf,
owns a creative video sharing community, and claims immunity pursuant to the Safe Harbor provisions of the Digital
Representing Clinch Gear, LLC and Collective Brands, Inc. in Denver federal court The owner of western wear brand
Clinch Jeans claims trademark infringement against defendants' use of the brand Clinch Gear for mixed martial arts
Representing Pro-Football (the NFL) in a trademark infringement case brought in 1992 by Seven Native Americans
who petitioned the Patent and Trademark Office for cancellation of the federal registration of the trademark
REDSKINS that is owned by the Washington Redskins NFL football team. Pro-Football persuaded the District Court
that, among other things, the Petitioners claims were barred by laches, because they waited over 20 years before filing
their cancellation request. On appeal, the D.C. Circuit asked the District Court to take briefing and rule upon whether
one petitioner, Mateo Romero, who had not reached the age of majority until 1984, was barred by laches.
Representing Payless ShoeSource, Inc. on the appeal to the Ninth Circuit of a jury verdict rendered against it in the
United States District Court for the District of Oregon finding that Payless infringed Adidas’ trademark and trade dress
and awarding Adidas over $66 million dollars in damages.
Representing Ticketmaster L.L.C in an action for trademark and copyright infringement, unfair competition, and
violations of the right of publicity, brought by Plaintiffs, who purport to be world famous clowns, brought this action
against the Gelfman Defendants, plaintiff’s former U.S. promoter.
Representing Madison Square Garden in an action brought by a film production company regarding the distribution of
a documentary in which Madison Square Garden is the subject.
Representing Wal-Mart in a series of domain name infringement actions brought before the World Intellectual Property
Organization. Wal-Mart has been successful in having the domain names transferred in several of these actions.
Representing Wal-Mart in an action against the creator of merchandise bearing designations associating Wal-Mart
with the Holocaust and Al-Qaeda by seeking to enjoin such activities under theories of the federal and state trademark
and anti-dilution law.
Representing Societe des Baines de Mer et du Cercle des Etrangers a Monaco, the owner and operator of the Casino
de Monte-Carlo in Monaco, in a trademark infringement and anti-cybersquatting case in the United States claiming the
defendant's website, casino software and domain name infringe its Casino De Monaco trademark.
Privacy and First Amendment Litigation
Represented Wprost, a Polish national news magazine akin to Time or Newsweek, against claims by the daughter of
a prominent Polish politician that facts published about her father's involvement in a controversial stock purchase were
false. The case was dismissed when it was shown that the court could not exercise personal jurisdiction over Wprost,
and that the magazine's website, written almost entirely in Polish, was not targeting readers in South Carolina, where
the suit was brought.
Represented the CEO of iPayment Inc. in connection with anonymous defamatory content posted about him and other
company executives on the Yahoo Financial pages. In a related matter for the company in federal bankruptcy court in
California, he defended multiple allegations of fraud and related claims in connection with a series of transactions
separating the two companies.
Represented Gruner + Jahr AG in a high-profile libel action in federal court in Texas in which the trial court dismissed
the complaint. The matter decision was affirmed by the Fifth Circuit.
Represented Colgate-Palmolive in a dispute over the defamatory content of the Safe Shoppers Bible, a book
published by Simon & Shuster, that included false claims that Ajax contained carcinogens. After drafting a complaint
and sending it to the publisher, the content of the book was re-written in a manner acceptable to the client.
Represented Audubon Magazine, the publication of the National Audubon Society, in a federal defamation action in
Fresno, California over the publication of information about an alleged importer of endangered species.
Boston College Law School, (J.D., 1976)
Boston College Law Review:
Boston College (B.S., magna cum laude, 1973)
Beta Gamma Sigma
Member, The Privacy and Data Protection Legal Reporter Editorial Board
Member, Federal Bar Counsel, 2005
Member, 2005 Association of Trial Lawyers of America,
Member, Internet Law & Business Editorial Board, 1999-Present
Member, The Trademark Reporter Advisory Board, 1995-Present
Member, New York State Bar Association,
Committee on Media Law, 1991-present
Member, Media Law Resource Center, 1990-Present
Member, Chair Jury Committee, 1995
Member, American Arbitration Association Panel of Arbitrators, 1989-Present
Member, BNA's Electronic Information Policy & Law Report Advisory Board, 1995-2000
Member, Copyright Society of the U.S.A., 1993-1996
Member, Board of Directors, International Trademark Association, 1992-1994
The Trademark Reporter:
Publications and Lectures
Speaker, "Litigating Intellectual Property Cases for Sports, Media and Entertainment Companies," New York County
Lawyers' Association's Entertainment, Media Intellectual Property and Sports Law Committee, March 21, 2007
Speaker, "Creative Entrepreneurship Summit 2006," IP First Society, Beijing, October 2006
Speaker, "IP/IT Opportunities for a Full Service Law Firm," Blakes Business Symposium, Toronto, Canada, October
"The Use of Intellectual Property Rights to Obtain Commercial Advantage" Shanghai Bar Association and Fudan
University Law School, September 16-17, 2004
"Protection of Well-Known Trademarks in the EU and the USA" Lecture before the Intellectual Property Department of
the Government of Hong Kong, September 14, 2004
"Trademark Dilution Law in the United States" Seminar at the Singapore IP Academy at the University of Chicago's
Singapore campus, September 10, 2004
Working Group, Sedona Conference on Protective Orders, Confidentiality & Public Access, Seton Hall Law School,
Newark, NJ, September 8, 2005
"No Turning Back the Clock: The Significance of Laches in Pro-Football, Inc. v. Harjo, et al.," published as part of
materials from the 19th Annual Intellectual Property Law Conference, April 2004 (presentation and article)
"Recent Developments in Privacy Law" for White & Case, LLP’s Fourth Annual Global Privacy Symposium, BNA
Privacy & Security Law Report, April 28, 2004
"Strategies for Licensing Success Worldwide," INTA Midyear Convention, November 15, 2002
"Privacy Across Borders – Coping with Uncertainties," 2002 Global Privacy Symposium, White & Case LLP & Pike &
Fischer, April 30, 2002
"The New Practice of Privacy: Global Risks, Global Strategies (Video Telesymposium)," Privacy Law Advisor (BNA),
"Branding & Content in a Global Electronic Society" (Symposium), Internet Law & Business, January 2000
"Copyright and the Information Society; a U.S. Perspective," Intellectual Property Seminar, "Euroavocats," Brussels,
Belgium, June 12, 1998
"Personal Jurisdiction and the Internet," Law and Order in Information Commerce, Tucson, Arizona, February 23, 1998
"The Right of Publicity and the Internet," Practicing Law Institute, Intellectual Property Law Institute 1996, September
"Overview of Supreme Court Defamation Opinions: 1985-1995," New Media, New Torts, New Threats: Libel Defense
in the Next Century NAA-NAB-LDRC Libel Conference, September 22, 1995
"Implementing Best Practices Before and After a Security Breach Can Mitigate Corporate Risk," The Privacy & Data
Protection Legal Reporter, Volume 1, Number 2 (March 2006)
Click here to download a printable version.
Co-author, "Privacy Law," New York Law Journal, September 29, 2005
Co-author, "New Data Securities Laws Put Companies At Risk," New York Law Journal, June 30, 2005
Co-author, "Refusing to Mix Legal and Social Issues," New York Intellectual Property Law Association, February/March
Co-author, "Cross-Border Data Information Transfer: Restrictions Pose a Global Challenge," New York Law Journal,
July 29, 2003
"Intellectual Property and Trusts and Estates," New York State Bar Association Trusts and Estates Law Section
Newsletter, Fall 1997
"Sample Voir Dire Questions For Libel Media Defense Counsel," Libel Defense Resource Center, Jury Subcommittee,
"Trademarks and the Internet," Practising Law Institute, Intellectual Property Law Institute 1995, Page 1047,
September 5, 1995
"Jury Instructions on Damages Issues in Libel Cases," Practitioners’ Roundtable, LDRC Bulletin, 1994 Issue No. 3,
July 31, 1994
"Discovery in Trademark Cases From a Defendant’s Perspective," ABA 1993 Annual Convention Course Materials,
August 9, 1993
"Efficiency and Effectiveness in the Management of Trademark Cases: Establishing Goals and Working to Achieve
Them," USTA Litigation Forum Coursebook, June 2, 1992
"Libel Claims: A Correction Statute for New York State," New York Law Journal, Page 1, January 9, 1991
"A First Amendment Right of Access to a Juror’s Identity: Toward a Fuller Understanding of the Jury’s Deliberative
Process," 17 Pepperdine University Law Review 357, 1990
Co-Author, "Delay in Filing Preliminary Injunction Motions: How Long Is Too Long?," 80 The Trademark Reporter 1,
"Access to Advisory Commission Meetings Under the Open Meetings Law (It’s Time to Let Some Sunshine In)", New
York Law Journal, Page 2, August 16, 1989
"On Restaurant Reviews and the Law of Libel," New York Law Journal, Page 1, October 16, 1987
"Negotiating a Work for Hire Relationship Under Section 101 of the Copyright Act," 6 The Merchandising Reporter 3,
"The Heisman Trophy Case: The Licensing Agent Carries the Ball," 5 The Merchandising Reporter 11, November-
Co-Author, "Disclaimers in Trademark Infringement Litigation: More Trouble Than They Are Worth?" 76 The
Trademark Reporter 35, 1986
"Former Government Attorneys and the Appearance of Evil Doctrine," 16 Boston College Law Review 651, 1975.
Member, The State Bar of New York; United States Supreme Court; United States Court of Appeals: Second Circuit,
Fourth Circuit, Fifth Circuit, Sixth Circuit, Seventh Circuit, Ninth Circuit, Eleventh Circuit, District of Columbia Circuit,
Federal Circuit; United States District Court