Stevan Lieberman

Last updated

Stevan Lieberman
Born
Stevan H. Lieberman [1]

(1965-07-22) July 22, 1965 (age 58)
New York City, U.S.
Education Adelphi University (BA)
David A. Clarke School of Law (JD)
OccupationLawyer

Stevan H. Lieberman (born July 22, 1965 in Brooklyn, New York City) is an American lawyer, regarded as a legal expert in intellectual property law and patent law. [2] [3] [4] He is a partner of the Washington, D.C.-based law firm, Greenberg & Lieberman, with Michael Greenberg, established in 1996. [5] As part of the firm, Lieberman has been involved in hundreds of UDRP or trademark infringement disputes, and he is considered a pioneer in the technology-law areas of virtual worlds, domain names and software, cited by CNN as "among the virtual world's earning elite." [2] [6] Among the first lawyers in the world to begin generating a significant revenue and client base via online virtual worlds such as Second Life; he is the co-founder and CEO of two virtual reality websites.

Contents

Early life and background

Lieberman was born in Brooklyn, New York City. He attended Adelphi University in Garden City, Long Island, where he graduated in 1987 with a BA with Honors. [7] [8] He later earned a certificate with the Stroussbourg Institute of Human Rights in 1993 and earned his juris doctor from the David A. Clarke School of Law (District of Columbia School of Law) in May 1994. [7] Lieberman is a member of the American Bar Association, American Intellectual Property Law Association, Montgomery County Bar Association, Montgomery County High Tech Committee, and Alpha Epsilon Phi Fraternity [ dubious – discuss ]. [8]

Lieberman formed Washington, D.C.-based law firm, Greenberg & Lieberman, with Michael Greenberg in 1996. A national and an international firm, the company has a particular focus on computer Internet law and patent prosecution for small businesses. [9] As of 2010, the firm has served over 20,000 clients. [9] In the burgeoning area of domain name law and litigation, Lieberman is recognized as one of the top three legal experts in the world. [10] [11] Lieberman is regarded as being on the forefront of litigation relating to reverse domain hijacking as well as domain names and trademarks in dispute. [12] Through his law firm, Lieberman has testified to Congress [13] while also listing as a colleague John B. Anderson, who was a 10-term Congressman in the U.S. House of Representatives.

Career

As part of Greenberg & Lieberman, Lieberman and Greenberg have filed almost 300 trademarks and over 560 patent files as of September 2011. One of his earliest cases was a successful motion to dismiss copyright infringement suit based on lack of personal jurisdiction in Evan K. Aidman v. Mark S. Nelson in 1999. [14] In September 1999 [15] he was involved in a motion to dismiss patent infringement matter in Molnlycke Health Care AB v. Dumex Medical Surgical, a notable case in Internet law. [16] [17] In 2000 he was involved in a trademark infringement matter in the National Jewish Defense League (JDL) v. Mordechai Levy case which ended in November 2002 when JDL chairman Irv Rubin died in suspicious circumstances in jail, [18] and defended against copyright infringement in the Studio Martis, B.V. v. Joseph D. Wager Smith case. In 2001 he was involved in a trademark matter concerning Apache Boats v. Mark McManus and made a motion to dismiss in the Ramfan Corporation v. Super Vacuum Manufacturing case. In 2002, Lieberman's involvement in the Ramsey v. Schutt, et al. in the Maryland State Circuit Court for Charles County was influential in changing the rule in Maryland pertaining to what is necessary in a contract to obviate liability.

In 2003, Lieberman was involved in several UDRP or trademark infringement disputes, and the following year, the firm continued to represent Future Media Architects and Internet Development Corporation in a series of disputes over UDRP and trademark infringements and other matters. [19] [20]

In 2005, Lieberman was involved in the federal court and mediation in the Ariadne Genomics v. Stratagene California dispute. He was hired by Mastercard International Incorporated v. Priceless.com to settle a trademark matter. The firm also represented clients in several UDRP cases such as EuroChannel, Inc. v. Mrs. Jello and RCS Recover Services v. John Laxton RL.COM, a case which is still ongoing as of September 2011. In 2006, Lieberman represented H2Ocean against Schmitt, April's After-Care and April's Attic in a case which was settled and was involved in UDRP disputes such as Equifax, inc v. The Tidewinds Group, Inc., Marchex v. Name Development Corp. and Thomas Weisel Partners Group, Inc. v. Tom Weisel House of Entertainment. [21]

In 2007, Greenberg & Lieberman were hired by businessman Antonis Polemitis in a case against Ville de Paris, a Municipal Corporation of the city of Paris at the Virginia Eastern District Court involving the Lanham Act [22] in which the client claimed tortious interference with contract and defamation. They also represented some major global firms in trademark matters such as Nike, Inc. v. Niyad Enterprise in California Central District Court, [23] Microsoft v. Domain Source, Inc. and UDRP cases involving firms such as HSBC Finance Corp. and Payday America, Inc..

In 2008, Lieberman was involved in a trademark/domain matter between Air China and Airchina.com and with LG Electronics USA and LG.com. He was also hired in a Second Life case between Chris Mead and Jakob Hyvarinen and in the UDRP cases of Blue Magic, Inc. v. Johns Creak Software Inc. and Genzyme Corporation v. Abadaba S.A. In 2009 he was again hired by Abadaba in a trademark matter against Microsoft and by the Broward Rehab Center Inc. against Rafael Foss. Lieberman also represented dentist Alex McMillan IV v. Tom Winkler case in a dispute over cybersquatting. The Alexandria Circuit Court ruled in favor of their client McMillan in a case which involved "a legal action initiated against a former employee charged with trademark infringement, trade secret violations, and domain theft." [24] Lieberman has said, "2009 was most definitely an interesting year. We saw a large number of corporations, Verizon, Microsoft & Costco to just mention a few, taking the scorched earth point of view and suing everyone they can, even individuals and entities that no longer owned the alleged infringing domain names. This of course led to a large number of confidential settlements, which it can be assumed, were all rather painful to those paying to end the law suits." [25]

In 2010, Lieberman was involved in copyright cases in the John M. Smith vs Gosmile, Inc. dispute (settled), and began representing the Second Life firm Amaretto Ranch Breedables, LLC v. Ozimals, Inc. in a copyright infringement case in California Northern District Court, overlooked by judge Charles R. Breyer. [26] As of October 2011, the Amaretto case is still ongoing. He was also active in the Warren Weitzman v. Lead Networks trademark case and was hired by The ERGO Baby, Inc. v. Amaya Lucy in a UDRP case. [27] In 2011, Greenberg & Lieberman were again hired by ERGO to represent them in another UDRP case against Henghao Zhan Jianzong and by Value Eyecare Network, Inc. in a dispute against Chengbiao Zhan. In April 2011, Lieberman lost a case representing Rabbi Shmuel Herzfeld of the Modern Orthodox Ohev Sholom - The National Synagogue in northwest Washington when U.S. District Court Judge Emmet G. Sullivan denied the request of the rabbi to have an upcoming local election rescheduled because it conflicted with the Jewish Passover. [28]

Virtual World contribution

Lieberman is credited for being among the first lawyers in the world to begin generating a significant revenue and client base via online virtual worlds such as Second Life. [29] [30] For example, through the Washington, DC-based law firm of Greenberg & Lieberman, CNN has cited him as "among the virtual world's earning elite." [2] In 2007 CNN reported that the American Bar Association and the Federal Bureau of Investigation (FBI) are among the organizations seeking assistance and legal guidance from Lieberman on issues relating to business practices in virtual worlds. [31] He is a regular lecturer for the Montgomery County Bar Association on intellectual property issues. [7] He has said, "IP law is extraordinarily complicated and a 3-D image helps people to reach out and touch items so that they can understand my explanations. Second Life makes people feel as if they have physically met one another. In addition, its interactive capabilities help users, particularly lawyers, to clarify difficult concepts. Second Life is not another world; it is an extension of real life." [32] Lieberman assumes the name of "Navets Potato" (Navets is Stevan spelled backwards) [33] in Second Life and has multiple avatars, one which resembles himself and some six others as of 2007, based on what he wants to accomplish. [34]

Related Research Articles

Reverse domain name hijacking, occurs where a rightful trademark owner attempts to secure a domain name by making cybersquatting claims against a domain name’s "cybersquatter" owner. This often intimidates domain name owners into transferring ownership of their domain names to trademark owners to avoid legal action, particularly when the domain names belong to smaller organizations or individuals. Reverse domain name hijacking is most commonly enacted by larger corporations and famous individuals, in defense of their rightful trademark or to prevent libel or slander.

Domain name speculation, popular as domaining in professional jargon, is the practice of identifying and registering or acquiring generic Internet domain names as an investment with the intent of selling them later for a profit.

The Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d),(passed as part of Pub. L. 106–113 ) is a U.S. law enacted in 1999 that established a cause of action for registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name. The law was designed to thwart "cybersquatters" who register Internet domain names containing trademarks with no intention of creating a legitimate web site, but instead plan to sell the domain name to the trademark owner or a third party. Critics of the ACPA complain about the non-global scope of the Act and its potential to restrict free speech, while others dispute these complaints. Before the ACPA was enacted, trademark owners relied heavily on the Federal Trademark Dilution Act (FTDA) to sue domain name registrants. The FTDA was enacted in 1995 in part with the intent to curb domain name abuses. The legislative history of the FTDA specifically mentions that trademark dilution in domain names was a matter of Congressional concern motivating the Act. Senator Leahy stated that "it is my hope that this anti-dilution statute can help stem the use of deceptive Internet addresses taken by those who are choosing marks that are associated with the products and reputations of others".

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP currently applies to all generic top level domains, some country code top-level domains, and to all new generic top-level domains.

Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), is a United States Supreme Court case on whether the interpretation of patent claims is a matter of law or a question of fact. An issue designated as a matter of law is resolved by the judge, and an issue construed as a question of fact is determined by the jury.

The multinational technology corporation Apple Inc. has been a participant in various legal proceedings and claims since it began operation and, like its competitors and peers, engages in litigation in its normal course of business for a variety of reasons. In particular, Apple is known for and promotes itself as actively and aggressively enforcing its intellectual property interests. From the 1980s to the present, Apple has been plaintiff or defendant in civil actions in the United States and other countries. Some of these actions have determined significant case law for the information technology industry and many have captured the attention of the public and media. Apple's litigation generally involves intellectual property disputes, but the company has also been a party in lawsuits that include antitrust claims, consumer actions, commercial unfair trade practice suits, defamation claims, and corporate espionage, among other matters.

Glider, also known as WoWGlider or MMOGlider, was a bot created by MDY Industries, which interoperated with World of Warcraft. Glider automated and simplified actions by the user through the use of scripting to perform repetitive tasks while the user was away from the computer. This allowed the user to acquire in-game currency and level-ups of the character without being present to perform the required actions. As of 2008, it had sold approximately 100,000 copies. Glider was ultimately discontinued after a lawsuit was filed against MDY Industries by Blizzard Entertainment.

<i>Jacobsen v. Katzer</i>

Jacobsen v. Katzer was a lawsuit between Robert Jacobsen (plaintiff) and Matthew Katzer (defendant), filed March 13, 2006 in the United States District Court for the Northern District of California. The case addressed claims on copyright, patent invalidity, cybersquatting, and Digital Millennium Copyright Act issues arising from Jacobsen under an open source license developing control software for model trains.

<span class="mw-page-title-main">Trademark</span> Trade identifier of products or services

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others. A trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks.

<span class="mw-page-title-main">Greenberg & Lieberman</span>

Greenberg & Lieberman is a national and international law firm based in Washington, D.C. Established in 1996 by Michael Greenberg and Stevan Lieberman, the firm is known for its expertise in the technology-law areas of intellectual property, trademark infringements, domain names, virtual worlds, and software and was listed among 16 influential entities in the field of domain names in 2010. A "boutique law firm", Greenberg & Lieberman credited for being among the first in the world to begin generating a significant revenue and client base via online virtual worlds such as Second Life. Greenberg & Lieberman are also noted for their involvement with media law and military law.

Cybersquatting is the practice of registering, trafficking in, or using an Internet domain name, with a bad faith intent to profit from the goodwill of a trademark belonging to someone else.

<i>Beck v. Eiland-Hall</i> Lawsuit filed by political commentator Glenn Beck against Isaac Eiland-Hall

Beck v. Eiland-Hall was a case filed in 2009 before the World Intellectual Property Organization (WIPO), a United Nations agency. It was filed by political commentator Glenn Beck against Isaac Eiland-Hall, concerning the website "GlennBeckRapedAndMurdered­AYoungGirlIn1990.com". Eiland-Hall created the site as a parody to express the view that Beck's commentary style challenged his guests to prove a negative. The site's name was based on a joke first used by comedian Gilbert Gottfried at the 2008 Comedy Central Roast of Bob Saget, in which Gottfried jokingly implored listeners to disregard the (non-existent) rumor that Saget had raped and murdered a girl in 1990. Online posters began an Internet meme comparing Gottfried's joke with Beck's style of debate, by requesting Beck disprove he had committed the act in question. Eiland-Hall launched his website on September 1, 2009.

Bristows is a full-service commercial, law firm, particularly known for its technology and intellectual property work.

Richard P. Minsky is an American scholar of bookbinding and a book artist. He is the founder of the Center for Book Arts in New York City.

<i>Rescuecom Corp. v. Google Inc.</i> American legal case

Rescuecom Corp. v. Google Inc. 562 F.3d 123, was a case at the United States Court of Appeals for the Second Circuit, in which the court held that recommending a trademark for keyword advertising was a commercial use of the trademark, and could constitute trademark infringement.

<i>Lamparello v. Falwell</i>

Lamparello v. Falwell, 420 F.3d 309, was a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning allegations of cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.

<span class="mw-page-title-main">ERGO Baby</span>

ERGO Baby, Inc is an American company specializing in the manufacture and sale of baby carriers and other accessories.

Michael Greenberg is an American lawyer, regarded as a legal expert in intellectual property law and patent law. He is a partner of the Washington, D.C.-based law firm, Greenberg & Lieberman, with Stevan Lieberman, established in 1996. As part of the firm, Greenberg has been involved in hundreds of UDRP or trademark infringement disputes and is a well-regarded and experienced litigator, with particular expertise in patent infringement cases.

<span class="mw-page-title-main">Zak Muscovitch</span> Canadian intellectual property lawyer (born 1971)

Zak Muscovitch is a Canadian intellectual property lawyer. He is the founder of Domain Name Law Reports and has represented clients before domain name arbitrations in cases against companies like Google, Torstar, and Molson.

Google has been involved in multiple lawsuits over issues such as privacy, advertising, intellectual property and various Google services such as Google Books and YouTube. The company's legal department expanded from one to nearly 100 lawyers in the first five years of business, and by 2014 had grown to around 400 lawyers. Google's Chief Legal Officer is Senior Vice President of Corporate Development David Drummond.

References

  1. ↑ "Stevan H. Lieberman Profile | Washington, DC Lawyer | Martindale.com". www.martindale.com.
  2. 1 2 3 "Second Life Lawyer". CNN Money . Archived from the original on January 26, 2012. Retrieved September 15, 2011.
  3. ↑ Corts, Susan (2008). "Living in a Virtual World: Ethical Considerations for Attorneys Recruiting New Clients in Online Virtual Communities; Hill". 21 Geo. J. Legal Ethics 753. Hein Online. Retrieved September 15, 2011.
  4. ↑ Freedman, Robert (December 11, 2007). How to Make Real Money in Second Life: Boost Your Business, Market Your Services, and Sell Your Products in the World's Hottest Virtual Community . McGraw-Hill Professional. p.  30. ISBN   978-0-07-150825-4 . Retrieved September 15, 2011.
  5. ↑ West Publishing Company (2003). West's federal supplement. West Pub. Co. p. 101. Retrieved September 15, 2011.
  6. ↑ Kaplan, Ari (June 2008). Opportunity maker: strategies for inspiring your legal career through creative networking and business development. Thomson/West. p. 158. ISBN   978-0-314-19442-8 . Retrieved September 15, 2011.
  7. 1 2 3 "Stevan Lieberman, Esq". Burkreedy. Archived from the original on April 2, 2012. Retrieved September 15, 2011.
  8. 1 2 "Our Attorneys". Greenberg & Lieberman. Archived from the original on October 10, 2011. Retrieved October 19, 2011.
  9. 1 2 "Intellectual Property Law Firm Greenberg & Lieberman Prevails in Trademark, Trade Secret and Cybersquatting Dispute". PR Newswire. March 2010. Archived from the original on October 15, 2012. Retrieved September 15, 2011.
  10. ↑ Ward, Stephanie Francis (March 18, 2007). "Fantasy Life, Real Law". ABA Journal . Archived from the original on August 13, 2011. Retrieved September 15, 2011.
  11. ↑ Leong, Grace (November 24, 1999). "Developers try sinking rivals' competing Titanic resort plans". Las Vegas Sun . Archived from the original on June 13, 2011. Retrieved September 15, 2011.
  12. ↑ Stevan Lieberman & Debora McCormick (May 16, 2006). "Stick 'em Up! Self Defense Against Reverse Domain Name Hijacking". DNJournal.com. Archived from the original on September 28, 2011. Retrieved September 15, 2011.
  13. ↑ See Testimony to Congressional Budget Office on June 21, 2000
  14. ↑ "EVAN K. AIDMAN, Plaintiff, v. MARK S. NELSON d/b/a LAWOFFICES OF MARK S. NELSON, Defendant. CIVIL ACTION NO. 99-CV-1833" (PDF). United States District Court for the Eastern District of Pennsylvania. October 14, 1999. Archived from the original (PDF) on November 5, 2011. Retrieved October 12, 2011.
  15. ↑ "MOLNLYCKE HEALTH CARE AB, Plaintiff, v. DUMEX MEDICAL SURGICAL PRODUCTS LTD., Defendant. CIVIL ACTION NO. 99-1725" (PDF). United States District Court for the Eastern District of Pennsylvania. September 7, 1999. Archived (PDF) from the original on March 31, 2012. Retrieved October 12, 2011.
  16. ↑ Quinto, David W. (July 2001). Law of Internet disputes. Aspen Publishers Online. p. 12. ISBN   978-0-7355-2592-4 . Retrieved October 12, 2011.
  17. ↑ Gillies, Lorna E. (October 15, 2008). Electronic commerce and international private law: a study of electronic consumer contracts. Ashgate Publishing, Ltd. p. 184. ISBN   978-0-7546-4855-0 . Retrieved October 12, 2011.
  18. ↑ Tugend, Tom (November 7, 2002). "Militant US Jew's 'suicide bid' challenged". BBC News . Archived from the original on January 28, 2012. Retrieved October 12, 2011.
  19. ↑ "QNX Software Systems Ltd. v. Future Media Architects, Inc. and Thunayan K AL-Ghanim, Case No. D2003-0921". WIPO Arbitration and Mediation Center. Archived from the original on September 23, 2011. Retrieved October 12, 2011.
  20. ↑ "Internet Development Corp. v. B.S.A. Corporation". Justia.com. January 30, 2004. Archived from the original on September 11, 2016. Retrieved October 12, 2011.
  21. ↑ "Thomas Weisel Partners Group Inc. v. Thomas Weisel House of Entertainment c/o S Coleman, Claim Number: FA0704000954028". National Arbitration Forum. Archived from the original on April 7, 2012. Retrieved October 12, 2011.
  22. ↑ "Virginia Eastern District Court Polemitis v. Ville de Paris". Justia.com. January 12, 2007. Archived from the original on January 19, 2013. Retrieved October 12, 2011.
  23. ↑ "Nike Inc v. Niyad Enterprises". Justia.com. May 26, 2006. Archived from the original on September 11, 2016. Retrieved October 12, 2011.
  24. ↑ "Intellectual Property Law Firm Greenberg & Lieberman Prevails in Trademark, Trade Secret and Cybersquatting Dispute". PR Newswire. Archived from the original on October 15, 2012. Retrieved October 19, 2011.
  25. ↑ "The State of the Industry January 2010: We Asked 16 Domain Experts If We Hit Bottom in 2009 and Will See a Rebound in the New Year". DN Journal. January 2010. Archived from the original on October 16, 2011. Retrieved October 12, 2011.
  26. ↑ "Amaretto Ranch Breedables, LLC v. Ozimals, Inc., 3:10-cv-05696-CRB". RFC Express. December 15, 2010. Archived from the original on September 8, 2012. Retrieved October 19, 2011.
  27. ↑ "The ERGO Baby Carrier, Inc. v. Redacted Claim Number: FA1008001341231". National Arbitration Forum. Archived from the original on April 7, 2012. Retrieved October 19, 2011.
  28. ↑ "Judge Denies Request to Reschedule D.C. Election for Passover". Legal Times. April 15, 2011. Archived from the original on October 25, 2011. Retrieved October 19, 2011.
  29. ↑ "Web Week". The Lawyer. August 6, 2007. Archived from the original on June 5, 2011. Retrieved April 14, 2009.
  30. ↑ Dell, Kristina (August 9, 2007). "Second Life's Real-World Problems". Time . Archived from the original on August 17, 2007. Retrieved October 19, 2011.
  31. ↑ CNN/ Business 2.0 report by Michael Copeland as reported July 4, 2007
  32. ↑ "Raising Your Profile on Second Life". Lawmarketing.com. August 25, 2008. Archived from the original on September 13, 2008. Retrieved October 12, 2011.
  33. ↑ Freedman, Robert (December 11, 2007). How to Make Real Money in Second Life: Boost Your Business, Market Your Services, and Sell Your Products in the World's Hottest Virtual Community . McGraw-Hill Professional. pp.  62–4. ISBN   978-0-07-150825-4 . Retrieved November 8, 2011.
  34. ↑ "Fantasy Life, Real Law". ABA Journal . March 18, 2007. Archived from the original on January 6, 2012. Retrieved November 8, 2011.
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