Overview

Jeremy Schachter litigates advertising, trademark, and copyright cases in federal court and the National Advertising Division (NAD). He has taken Lanham Act cases all the way through trial, and has considerable experience with expert discovery, having worked with and/or against many, if not all of the most well-known marketing experts in the country on numerous occasions. Mr. Schachter’s courtroom experience is bolstered by his pro bono work, where he has served as lead counsel for victims of civil rights abuses in federal court.

At the NAD, Mr. Schachter represents challengers and advertisers in both competitor challenges and self-monitoring cases. Mr. Schachter was an editor of Self-Regulation of Advertising in the United States: An Assessment of the National Advertising Division, prepared by the Advertising Disputes & Litigation Committee and The Consumer Protection Committee, American Bar Association Section on Antitrust Law (Apr. 2015). Both the FTC and NAD adopted a significant number of the recommendations made in the report within months of its publication. The adopted policy changes went into effect on November 1, 2015. See NAD/CARU/NARB Procedures Revised, Effective 11.1.15.

Mr. Schachter also advises on issues confronted by clients at the pre-litigation stage, including advertising review and clearance, trademark clearance, trademark and copyright enforcement (including internet enforcement), and claim substantiation. Mr. Schachter performed many of these functions in-house as well during a partial secondment to Reebok. At Reebok, Mr. Schachter was responsible for the Reebok, Crossfit, CCM, and Rockport brands.

Mr. Schachter’s practice covers clients in a wide range of industries, including entertainment, fashion/apparel, retail, consumer goods, technology, food, OTC and homeopathic products, and moving/storage, just to name a few.

During law school, Mr. Schachter interned in the business and legal affairs departments of Comedy Central and Logo as well as the Consumer Affairs and Protection Bureau for the New York State Attorney General. Mr. Schachter also served as a Notes Editor for the Cardozo Arts and Entertainment Law Journal and was a finalist in the Monrad Paulsen Moot Court Competition.

Before law school, Mr. Schachter spent the better part of his twenties as an Equity and SAG actor and comedian having made appearances on AMC, Animal Planet, Comedy Central, Court TV, Discovery, NBC, Spike TV, and Tru TV.

Mr. Schachter was recognized as a 2015, 2016 and 2017 New York, New York “Rising Star” in the area of Intellectual Property Litigation by Super Lawyers magazine.

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Experience

Advise leader in the discount travel industry on copyright, trademark, and right of publicity issues in on-air commercial advertising and represent it in disputes arising therefrom.

Advised operator of an online, pay-to-play, short-duration fantasy sports games on the relevant federal and state laws, and the level of risk associated with operating certain games in certain jurisdictions.

Successfully represented the world’s leading manufacturer of home furnishings in forcing competitor to stop making false and/or unsubstantiated “Made in the USA” claims in advertising.

Represented 1stdibs.com, a leading fine art and design marketplace, in cybersquatting, trademark infringement and dilution action in the SDNY. Negotiated a successful settlement.

Advise global telecommunications leader about FTC privacy regulations and the COPPA Rule specifically.

Advised marketing agency on all fifty states’ regulations governing a sweepstakes promotions by wine and spirits distributors.

Successfully represented major medical supply company in forcing competitor to cease advertising that included false and/or unsubstantiated claims and copyright infringements.

Successfully defended one of the largest discount travel website's on the Internet in a claim for false advertisement and trademark infringement. The dispute was resolved with our client needing to take no action whatsoever.

Represent internationally known supermodel in dispute concerning third party misappropriation of her name for use on products and in advertising in the State of California.

Advise advertising agency on the potential laws that are implicated by use of landmarks and in advertising.

Advised global supplier of medical devices on the privacy and advertising laws of various foreign countries in preparation for global marketing campaign.

Advised light bulb manufacturer in the creation of a warranty and advertising that was in compliance with FTC light bulb regulations and the Magnusson-Moss Warranty Act.

Advise medical supply company on the applicability of state “Gift Ban” regulations to sweepstakes promotions targeting medical professionals.

Served as IP counsel in a case in the Delaware Chancery Court. Represented fashion design house, Tory Burch, LLC which brought claims against a former director alleging that its former director competed unfairly against the company by launching a knockoff version of the “Tory Burch” brand created with the company’s confidential information and in violation of his fiduciary duties and contractual obligations. Negotiated the settlement agreement which resolved the case.

J. Christopher Burch v. Tory Burch LLC, et al., No. 7921-CS (Del. Ch., Nov. 5, 2012).

Represents a leading footwear and apparel manufacturer in trademark litigation and enforcement work.

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Education

Benjamin N. Cardozo School of Law, J.D. (2012) magna cum laude, Order of the Coif

Hunter College, B.A., Urban Studies and Political Science (2009) cum laude

Admissions

New York

Court Admissions

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. District Court for the Southern District of New York

U.S. District Court for the Eastern District of New York

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Professional & Community Activities

American Bar Association, Advertising Disputes and Litigation Committee

International Trademark Association, Trademark Reporter Committee

New York State Bar Association, Advertising Law Committee

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