Dori Hanswirth co-leads Arnold & Porter's Technology, Media & Telecommunications industry group and is a litigator in the firm's Media & Entertainment practice, bringing more than 20 years' experience for clients in the news, technology, and entertainment industries, with a focus on First Amendment, trademark, defamation, right of publicity, and copyright law/fair use.
Ms. Hanswirth advises individual clients and organizations on issues related to reputation, brand protection, and media, copyright, and trademark in a range of other industries, including fintech, internet services, non-profits and social media.
Experience
- National news network and two of its on-air anchors in the successful defense against first-of-its-kind defamation claim based on fake news. Won summary judgment in district court; that decision was affirmed by the US Court of Appeals for the First Circuit.
- Global technology company in numerous trademark matters, providing enforcement strategy and counseling concerning software, hardware, advertising, and mobile/telecommunications products and services, and representation in multiple proceedings before the US Trademark Trial and Appeal Board pertaining to its most well-known brands.
- Investigative journalist in defending her right to maintain the secrecy of her sources in reporting on the Batman movie theater mass shooting, leading to a landmark decision in the New York Court of Appeals.
- Financial technology companies in branding and trademark prosecution and enforcement strategies for mobile applications, including proceedings in the United States Patent and Trademark Office.
- Well-known news anchor in litigation against a toy company that sold a hamster doll with the same name.
- Global media organization in protecting copyright interests against social media platform and radio streaming service that used content without permission.
- Multiple journalists in advising on responses to grand jury subpoenas and other requests for testimony or documents relating to confidential or unpublished newsgathering; successfully prevented any from having to testify.
- One of the country's largest digital news platforms in multiple litigation and pre-litigation matters involving defamation, reporters' privilege, copyright, trademark, and the Americans with Disabilities Act.
- National news organization in litigation and ultimately persuaded a Senatorial candidate to cease publication of a campaign advertisement that used television news content and branding without authorization; negotiated without need for litigation voluntary take-downs of similar advertisements with multiple other national campaigns.
Perspectives
October 21, 2020
Accessibility Considerations for Websites and Digital Media
Arnold & Porter Webinar
October 14, 2020
Using One's Image and Personality, Part II: The Boundaries of the Right of Publicity (pdf)
International Trademark Association (inta.org)
September 30, 2020
Using One's Image and Personality, Part I: Free Speech or Right of Publicity Violation? (pdf)
International Trademark Association (inta.org)
More
Recognition
World Trademark Review 1000
Prosecution and Strategy (NY) (2020-2021)
Individuals: Enforcement and Litigation (NY) (2021)
Individuals: Enforcement and Litigation (NY) (2021)
The National Law Journal
"Trailblazer"–Intellectual Property (2020)
Best Lawyers
Trademark Law (2020-2021)
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Credentials
Education
- JD, Benjamin N. Cardozo School of Law, Yeshiva University, cum laude
- BA, University of Pennsylvania, cum laude, with distinction
Admissions
- New York
- Supreme Court of the United States
- US Court of Appeals for the First Circuit
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Tenth Circuit
- US District Court, District of Colorado
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
- US District Court, Western District of New York
Activities
- Member, International Trademark Association, Public and Media Relations Committee (2018-2020)
- Member, American Bar Association Forum on Communications Law (2015-present)
- Member, International Trademark Association, Right of Publicity Committee (2020-2021)
- Member, New York State Bar Association Committee on Media Law (2014-present)
- Member, Media Law Resource Center (1994-present)
- Co-chair, Commercial and Business Litigation Committee American Bar Association (2011-2014)