MARC AARON MELZER

About

Marc Aaron Melzer focuses on intellectual property and information technology law, along with complex commercial litigation.  Mr. Melzer’s practice includes IP and technology counseling and representation of individuals and institutions in litigation matters in both federal and state courts.  Recent representative engagements include:

  • Representing a state agency in a multimillion dollar software and construction litigation against a defense contractor in the Southern District of New York, culminating in a five week bench trial.
  • Representing minority shareholders over misuse of corporate intellectual property, including famous marks.
  • Representing a technology company in a trade secrets, trademark, and contract dispute.
  • Advising a graphic design firm regarding intellectual property matters, including trademark prosecution, and social media legal issues.
  • Representing a foreign corporation before the US Trademark Office with regard to extension of protection of its mark in the United States.
  • Representing a physician with regard to employment and tenure rights.
  • Representing an international testing company in a class action litigation brought in the District of Puerto Rico involving an oil facility explosion.

Mr. Melzer is an active member of the New York State Bar Association’s Commercial and Federal Litigation Section Social Media Law Committee, and has presented related CLE programs and collaborated on the Committee’s social media guidelines for attorneys and other projects.  He is also a member of the New York City Bar Association, where he completed a three-year term in 2014 as an active member of the Information Technology Law Committee, American Bar Association, and the Copyright Society of the U.S.A.

Mr. Melzer graduated from University of Pennsylvania Law School with a J.D. in 2005 and from Fordham University School of Law in 2010 with an LL.M. in intellectual property and information technology law.  He served on the staff of the Fordham Intellectual Property, Media & Entertainment Law Journal and the University of Pennsylvania Journal of Constitutional Law, for which he was Articles Editor.  Mr. Melzer graduated from Princeton University in 2002 with an A.B. from the Woodrow Wilson School of Public and International Affairs.  He was previously a litigation associate at Kramer Levin Naftalis & Frankel, LLP in New York City, and a Research Fellow with Fordham Law’s Center on Law & Information Policy.

Mr. Melzer is the author of Copyright Enforcement in the Cloud, 21 Fordham Intell. Prop. Media & Ent. L.J. 403 (2011), and A Vintage Conflict Uncorked: The 21st Amendment, the Commerce Clause, and the Fully-Ripened Fight Over Interstate Wine and Liquor Sales, 7 U. Pa. J. Const. L. 279 (2004).  He was also a contributor to WIPO-commissioned report An Analysis of the Economic/Legal Literature of the Effects of IP Rights as a Barrier to Entry, CDIP/4/4 REV./STUDY/INF/3 (June 22, 2011), and a co-author of Codifying Shari’a: International Norms, Legality and the Freedom to Invent New Forms, 2 J. Comp. L. (UK) 1 (2007).

Mr. Melzer is admitted to practice in the States of New York and New Jersey, the United States District Courts for the Southern District of New York, Eastern District of New York, and District of New Jersey, and the United States Court of Appeals for the Second Circuit.

Education

Princeton University (A.B. 2002)

University of Pennsylvania Law School (J.D. 2005)

  •  University of Pennsylvania Journal of Constitutional Law

Fordham University Law School (LL.M. 2010)

  •  Fordham Intellectual Property, Media & Entertainment Law Journal

Public Service &
Professional Activities

  • American Bar Association
  • New York State Bar Association, Commercial and Federal Litigation Section’s Social Media Law Committee
  • New York City Bar Association, Information Technology Law Committee
  • Copyright Society of the U.S.A.
  • Kehilat Hadar, Treasurer and Steering Team Member, 2009-2015
  • New York Metro Super Lawyers “Rising Star”- Business and Intellectual Property Litigation (2012-2015)
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Related News & Articles

Marc Aaron Melzer Co-Authors Piece on Publicity Rights and the First Amendment for Forbes.com

Marc Aaron Melzer co-wrote a piece for Forbes.com, published on September 22, 2016, with Beanstalk Chief Legal Officer Oliver Herzfeld and Beanstalk Assistant General Counsel Jared Mermelstein titled, “Athletes In Video Games: Balancing Publicity Rights And The First Amendment.” The article discusses athlete publicity rights and the O’Bannon case currently awaiting at certiorari decision from the U.S. Supreme Court.

Nine Hoguet Newman Regal & Kenney Lawyers Selected to 2016 New York Metro Super Lawyers®

Hoguet Newman Regal & Kenney, LLP is pleased to announce that nine of the firm’s attorneys were selected for 2016 New York Metro Super Lawyers® lists.  Partners Laura B. Hoguet, Dorothea W. Regal, John J. Kenney, and Richard M. Reice have been named as Super Lawyers in the 2016 New York Metro Super Lawyers® Magazine.  Ms. Hoguet and Mr. Kenney have been recognized in the area of Business Litigation.  Ms. Regal has been recognized in the area of Insurance Coverage.  Mr. Reice has been recognized in the area of Employment & Labor.  These attorneys are among an elite group of New York attorneys to receive this honor, which is awarded to no more than 5 percent of lawyers in the State.

In addition, partners Joshua Blosveren, Andrew N. Bourne, Damian R. Cavaleri and Helene R. Hechtkopf, and counsel Marc Aaron Melzer, were named to the 2016 New York Metro Rising Stars list by Super Lawyers® Magazine.  Mr. Blosveren and Mr. Bourne have been recognized in the area of Insurance Coverage.  Mr. Cavaleri has been recognized in the area of Business Litigation.  Ms. Hechtkopf has been recognized in the area of General Litigation.  Mr. Melzer has been recognized in the area of Intellectual Property Litigation.  “Rising Stars” recognizes top up-and-coming attorneys who are 40 years old or younger, or who have been practicing 10 or fewer years, and is awarded to no more than 2.5 percent of lawyers in the State.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.  The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Marc Aaron Melzer Co-Authors Piece on Copyrighted Works in Social Media for Forbes.com

Marc Aaron Melzer co-wrote a piece for Forbes.com, published on May 26, 2016, with Beanstalk Chief Legal Officer Oliver Herzfeld titled, “Fair Use in the Age of Social Media.” The article discusses recent copyright cases and provides guidance for those seeking to use copyrighted works in social media postings.

Hoguet Newman Regal & Kenney Suit Over Palm Restaurant License Fees Cleared for Trial

A ruling by a New York Supreme Court justice in a trademark licensing dispute between the founding families of The Palm Restaurant chain has cleared the way for a trial in a lawsuit seeking nearly $80 million in royalties and damages.

Read Hoguet Newman Regal & Kenney, LLP’s full press release on the Palm Restaurant trademark case.

HNRK’s involvement in this case has been featured in both Law360 and the New York Law Journal.

Marc Aaron Melzer Presents on Social Media Law at NYSBA CLE Program

Marc Aaron Melzer co-presented a session titled “Social Media Defamation: What You Tweet Can Get You Sued” during the New York State Bar Association’s Bridging the Gap CLE program on December 2, 2015, in New York City.

Eight Hoguet Newman Regal & Kenney Lawyers Selected to 2015 New York Metro Super Lawyers®

Hoguet Newman Regal & Kenney, LLP is pleased to announce that eight of the firm’s attorneys were selected for 2015 New York Metro Super Lawyers® lists.  Partners Laura B. HoguetDorothea W. RegalJohn J. Kenney, and Richard M. Reice have been named as Super Lawyers in the 2015 New York Metro Super Lawyers® Magazine.  Ms. Hoguet has been recognized in the areas of Business Litigation and Employment and Labor.  Ms. Regal has been recognized in the areas of Insurance Coverage and Business Litigation.  Mr. Kenney has been recognized in the areas of Business Litigation and Criminal Defense: White Collar.  Mr. Reice has been recognized in the area of Employment and Labor.  These attorneys are among an elite group of New York attorneys to receive this honor, which is awarded to no more than 5 percent of lawyers in the State.

In addition, partners Andrew N. Bourne and Helene R. Hechtkopf, and associates Marc Aaron Melzer and Damian R. Cavaleri, were named to the 2015 New York Metro Rising Stars list by Super Lawyers® Magazine.  “Rising Stars” recognizes top up-and-coming attorneys who are 40 years old or younger, or who have been practicing 10 or fewer years, and is awarded to no more than 2.5 percent of lawyers in the State.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.  The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Laura Hoguet, Dorothea Regal, John Kenney, Juan Skirrow, Marc Melzer, and Helene Hechtkopf named New York Superlawyers

Laura Hoguet, Dorothea Regal and John Kenney have been named as Superlawyers in this year’s New York Metro Super Lawyers Magazine. Laura Hoguet has been recognized in the areas of Business Litigation and Employment & Labor. John Kenney has been recognized in the areas of Business Litigation and Criminal Defense: White Collar. Dorothea Regal has been recognized in the areas of Insurance Coverage and Business Litigation. Juan Skirrow, Marc Melzer, and Helene Hechtkopf have been named “rising stars”. The Superlawyer ranking is based upon peer nominations and evaluations, and independent third party research. The firm does not solicit or pay for the designation.

Laura Hoguet, John Kenney, and Marc Melzer Recognized by Super Lawyers

For the sixth year in a row, Laura Hoguet and John Kenney have been named Super Lawyers in the New York metro region. Laura Hoguet has been recognized in the practice areas of Business Litigation and Employment & Labor, John Kenney in the areas of Business Litigation, Criminal Defense: White Collar, and Corporate Governance & Compliance. In addition, Marc Melzer has been named a Rising Star, which recognizes the best up-and-coming attorneys in each state, in the areas of Business Litigation and Intellectual Property.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Fordham Law Journal Publishes Marc Melzer’s Article, "Copyright Enforcement in the Cloud"

Fordham Law Journal Publishes Marc Melzer’s Article, Copyright Enforcement in the Cloud