345 Park Avenue
New York,
New York
10154
 212.407.4225
 212.202.6036
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Tamara
Carmichael
Partner
Tamara Carmichael's practice focuses on litigating and counseling clients in the areas of trademark, advertising and unfair competition law. She assists clients in the exploitation and protection of their branding, marketing and intellectual property assets, including advising companies on compliance with FTC and other regulatory agencies, and representing clients in deceptive or unfair advertising disputes in state and federal court and before the Better Business Bureau’s National Advertising Division.
Ms. Carmichael also handles all stages of trademark and copyright prosecution, patent litigation, IP licensing and portfolio management. She oversees trademark clearance and domestic and foreign portfolios related to a myriad of consumer products and services, with particular focus in the new media, entertainment, retail, textile and apparel industries. Ms. Carmichael serves as a contributing author to the Advanced Media and Technology Law Blog.
Prior Work Experience
Ms. Carmichael was previously a partner in the New York office of Holland & Knight LLP. Prior to that, she served as head of the intellectual property group at Broad and Cassel in Florida.
Representative Experience
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Represented plaintiff in case vs. legal publishing company regarding copyrightability of pagination in legal reporters. Case successfully settled.
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Defended and prosecuted numerous Lanham Act claims regarding infringement, unfair competition and false advertising. Lead counsel in evidentiary and trial matters. Handle NAD proceedings for advertising claims. Responsible for all stages of litigation and dispute resolution, as well as pre-suit counseling. Cases involving, for example, consumer products, hospitality, financial services, apparel and beauty.
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Lead counsel in opposition and cancellations claims and issues before the TTAB on behalf of both opposers and defendants.
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Lead counsel for defendant in copyright infringement suit regarding database warehousing schematics. Case successfully settled.
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Co-counsel for multiple defendants in patent infringement action relating to database management in quality control for large construction projects. Client ultimately prevailed on summary judgment.
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Co-counsel for defendant in patent infringement action involving speed and distance sports products. Case settled as part of mediation.
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Co-counsel for defendant in patent infringement action involving caloric functionality of exercise products. Markman rulings and summary judgment entered in favor of client.
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Lead counsel in trademark infringement action brought on behalf of not-for-profit entity following termination of co-founder. Preliminary injunction entered in favor of client, case successfully settled.
Publications/Speeches
- Speaker, INTA’s Careers in Trademark Law: A Panel Discussion for Law Students (November 10, 2011)
- Speaker, INTA's Careers in Trademark Law: A Panel Discussion for Law Students, Queens, New York (October 20, 2011)
- Speaker, PMA’s Government and Legal Affairs Symposium, New York, New York (May 26, 2011)
- Author, New Illinois Debt Settlement Law Imposes Substantial Limitations On The Timing And Amount Of Fees That May Be Charged To Consumers (August 2010)
- Speaker, INTA Roundtable: Top Tips for a Successful Trademark Practice, New York, New York (April 12, 2010)
- Co-author, Is the Tide Turning in Keyword Advertising Litigation? The Significance of Rescuecom v. Google, NYSBA Bright Ideas, Vol. 18 No. 2 (Fall 2009)
- Author, Keyword Advertising and Trademark Infringement, The Delaney Report, Vol. 20 No. 19, Legal Perspectives (May 18, 2009)
- Speaker, ACCA-SoCal Program: How Companies Which Advertise Can Protect Themselves Against Claims, Los Angeles, California (November 19, 2008)
Media Mentions
Affiliations
- Member, International Trademark Association
- Member, American Bar Association, Intellectual Property Section
- Executive Committee, New York State Bar Association Intellectual Property Section, Co-Chair, Trademarks Committee (2007-2009); Co-Chair, Legislative Committee (2009-Present)
- Member, The Florida Bar, Intellectual Property Section
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University of Miami School of Law, J.D., 1992, Articles and Comments Editor, University of Miami Entertainment and Sports Law Review; Executive Board, University of Miami Business Law Journal (1990-1992)
Stetson University, B.A., 1989
New York, 2002
Florida, 1992
U.S. Supreme Court
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 Northern District of New York
U.S. District Court for the Middle District of Florida
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