Louis Ederer's practice focuses on intellectual property law, covering the areas of trademark, patent, and copyright litigation, prosecution, and counseling. He has developed particular experience in the area of brand protection and enforcement, including anticounterfeiting matters, for prominent luxury goods and apparel companies. Louis is an experienced trial lawyer. During his nearly 40 years of practice, he has been involved in precedent-setting cases expanding protection for trade dress and design marks, and the law governing recoveries of damages and profits in counterfeiting cases. Many of his counterfeiting litigations have resulted in multimillion dollar judgments and settlements for his clients.
In addition to his litigation experience, Louis has managed the international trademark portfolios of many well-known brands in such diverse fields as alcoholic beverages, apparel, cosmetics, and financial services. In this capacity, he has assisted clients in selecting and clearing marks and creating and implementing trademark prosecution programs in the United States and around the world. He has also conducted and managed anticounterfeiting enforcement programs.
In the copyright area, Louis has been involved in all aspects of protection and enforcement, including antipiracy matters, assisting clients in registering original works of authorship, drafting licenses, assignments and publishing agreements, assisting clients with the acquisition and sale of copyrighted software programs, and litigating infringement cases in the entertainment industry and matters relating to breaches of license agreements.
Louis has also been involved in all aspects of patent protection and enforcement, including assisting clients in clearing inventions for patent prosecution, conducting and maintaining worldwide patent filing programs, negotiating and drafting patent license agreements, and prosecuting and litigating patent infringement actions. Among others, he has assisted in the protection and enforcement of many patents involving computer software.
In conjunction with his intellectual property practice, Louis has developed extensive experience in liquor and food and beverage law. He has managed distributor relations programs for prominent suppliers of beverage alcohol products, and has handled complex supplier-distributor termination litigations. He has also actively handled legal aspects of his clients' distribution, compliance, and advertising programs.
Louis also regularly advises on intellectual property issues as they relate to corporate and commercial transactions, and on licensing, distribution, fair trade, and competition issues. He has represented clients before state and government agencies, including numerous state liquor authorities, the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB), the U.S. Consumer Product Safety Commission, the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, and U.S. Customs and Border Protection.
He also has extensive experience in sports and entertainment law, having negotiated agreements with entertainers and professional athletes, venue leases, sponsorship agreements, management/operation agreements, and franchise agreements.
His litigation accomplishments have been recognized by The National Law Journal, The Wall Street Journal, The New York Law Journal, and Business Week. He has lectured on intellectual property issues before numerous bar and industry associations, and is often quoted in the media on intellectual property issues, including developments in anticounterfeiting law.
- Famous luxury brand owner in action against former family member, obtaining permanent injunction against use of the family name in virtually any kind of commercial enterprise (Gucci America Inc. v. Gucci, 2009 WL 440463 (S.D.N.Y. 2009)).
- Luxury brand owner in action against major retailer and supplier in counterfeiting and trade dress infringement action involving sale of unauthorized fragrance products; obtaining preliminary and permanent injunction against the sale of counterfeit goods (Yves Saint Laurent Parfums, S.A. v. Costco Wholesale Corp., 07 Civ. 3214 (LBS) (HBP).
- World famous fashion and jewelry design houses in trademark, copyright, and trade dress infringement action against websites, resulting in entry of permanent injunction against use by defendants of clients' names, marks, and designs (Yurman Studio Inc. v. Elena Castaneda and Ejewler LLC d/b/a Overstockjeweler.com, Defendants, and Cartier, a division of Richemont North America Inc., Cartier International, N.V., Cartier Creation Studio, S.A., Van Cleef & Arpels S.A., Van Cleef & Arpels Inc., Van Cleef & Arpels Distribution Inc., Gucci America Inc., and Bulgari S.p.A., Plaintiffs, v. Elena Castaneda and Ejeweler LLC d/b/a Overstockjeweler.com, Defendants. Nos. 07 Civ. 1241 (SAS), 07 Civ. 7862 (SAS).
- Prominent beverage alcohol supplier before the Trademark Trial and Appeal Board, successfully opposing registration of mark in precedent-setting decision finding "association confusion" between applicant's mark "Wild Geese" and one of client's most important brands, "Wild Turkey". Decision unanimously affirmed by the Federal Circuit. Austin, Nichols & Co. Inc. v. Stichting Lodestar, Opposition No. 91155165.
Intellectual Property: Copyright (2011–2012, 2019)
Prosecution and Strategy (NY) (2020–2023)
- J.D., Columbia Law School, 1978, Harlan Fiske Stone Scholar
- B.S. and B.A., University of Pennsylvania, 1975, cum laude
- New York
- Supreme Court of the United States
- International Trademark Association: Member, North American & Anticounterfeiting Subcommittee
- International Anticounterfeiting Coalition: Member
- Intellectual Property Owners Association: Member, Counterfeiting and Piracy Committee
- U.S. Chamber of Commerce: Member, National Chamber Foundation; Member, Coalition Against Counterfeiting and Piracy; Co-Chair, Detection and Enforcement Task Force
- American Bar Association: Member, Section on Intellectual Property Law; Member, Forum on Entertainment and Sports Industries
- New York State Bar Association: Member, Intellectual Property Law Section; Member, Entertainment, Arts and Sports Law Section
- Sports Lawyers Association: Member
- Lawyers Alliance (leading New York-based pro bono organization): Member, Board of Directors