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Craig S. Mende
cmende@fzlz.com
"One of the nicest things a client said about me was that I am 'very commercial.' By that she meant 'practical.' The client knows I have the technical knowledge, but she especially appreciates that I can give her an answer that directly addresses her company's immediate needs and takes into account its long-term business strategy."
Craig Mende's unique, broad practice spans trial and appellate litigation, complex transactional work, and client counseling – all relating to different aspects of intellectual property, including copyrights, trademarks, right of publicity, and diverse new media issues.
Perhaps most importantly, Craig provides sought-after counsel to clients seeking answers to new kinds of questions, frequently involving rebranding and innovative uses of social media, including issues with celebrities. He has developed guidelines on proper use of third-party materials on social media, developed a protocol for determining when material needs to be licensed, and advised on innovative TV programming concepts.
Craig has won trial verdicts and summary judgments in federal court that have been affirmed on appeal and handled complex transactions for clients including the owners of a beloved children's entertainment property. He drafts, negotiates, and advises on trademark and copyright licenses, as well as purchase, distribution, coexistence, music, and website agreements. Craig's clients represent diverse industries ranging from film, television and music to hospitality, financial services, apparel, and consumer goods.
Prior to joining Fross Zelnick, Craig was a litigation associate at a large New York City law firm and an in-house lawyer at a major record company.
Sawicky v. AMC Networks Inc.
2:2018-cv-00114 (C.D. Cal. July 11, 2018), aff'd 753 Fed. Appx. 501 (9th Cir. 2019)
We obtained judgment on the pleadings for Defendant AMC Networks in connection with a claim concerning the use of a hip-hop concept for television program. The 9th Circuit affirmed.More
Entrepreneur Media, Inc. v. EYGN Ltd.
Case No. SA-CV-08-0608 DOC (MLGx), 2008 WL 11338010 (C.D. Cal. Dec. 17, 2008)
In a trademark case concerning the ENTREPRENEUR OF THE YEAR mark, the Firm won a motion to dismiss declaratory judgment action against one Ernst & Young ("E&Y") party for lack of personal jurisdiction and won motion to transfer the action against the remaining E&Y parties and consolidate with E&Y's infringement action in New York,More
Troll Co. A/S v. Uneeda Doll Co.
483 F.3d 150 (2d Cir. 2007)
In case of first impression involving restored copyrights in works of foreign authors, won affirmance of preliminary injunction on behalf of owner of U.S. copyright in the famous Good Luck Troll doll against distributor of Wish-nik dolls, successfully arguing that defendant was not a reliance party entitled to continue selling copies of the Good Luck Troll because 9-year gap in sales showed it did not make continuous exploitation of the work from before it was restored.More
Times Mirror Magazines, Inc. v. Field & Stream Licenses Co.
103 F. Supp. 2d 711 (S.D.N.Y. 2000), aff'd, 294 F.3d 383 (2d. Cir. 2002)
Plaintiff owned the trademark Field & Stream for publications, and defendant owned the Field & Stream trademark for clothing and other products. The parties had co-existed for decades and had more recently entered into concurrent use and settlement agreements specifying the products reserved to each.More
Beyond the reported decisions listed above, Craig has worked on the following matters:
Rhino Entertainment Co. v. DomainSource.com, Inc., Case No. D2006-0968 (WIPO Oct. 18, 2006); Rhino Entertainment Co. v. Suk Min Jun, Case No. D2006-0948 (WIPO Oct. 25, 2006). Recovered BEEGEE.COM and BEEGEES.COM domain names in Uniform Domain Name Dispute Resolution Policy ("UDRP") proceedings from two parties using the names for websites linking to BeeGees-related sites (and others) of third parties to generate advertising or click through revenue.
Honeywell Int'l, Inc. v. Board of Trustees of the Univ. of Arkansas, 3:04 cv 1844 (RNC) (D. Conn. 2005). Brought declaratory judgment action for Honeywell and defended against sovereign immunity claim by University of Arkansas, which objected to client's use of an AIRHOG air filter design mark alleged to infringe University's registered RAZORBACK mascot logos. Obtained favorable settlement.
Atari Interactive Inc. v. Frontier Developments Ltd., Case No. 05-CV-10300 (JES) (S.D.N.Y. 2005) (w/E. Gourvitz). Defending copyright and contract action by videogame publisher to enjoin U.K. game developer; negotiated favorable settlement to permit distribution of challenged games.
Wyeth v. 3D Group, Inc. et al., Case No. JFM02CV2034 (D. Md. 2002). Secured ex parte order to seize shipments of "Centumz" branded vitamins held to infringe client's CENTRUM mark.
Play Industries v. Columbia House Company, No. CV-98-1158-GEB, aff'd 187 F.3d 648 (9th Cir. 1999). Defeated preliminary injunction motion by video technology company that owned PLAY trademark to stop client's launch of a positive option PLAY FROM COLUMBIA HOUSE music club.
Fross Zelnick Lawyers Help Plan Event for The Copyright Society of the USA
Robin Warren introduced the speakers at this year's holiday luncheon for the New York chapter of The Copyright Society of the USA. Robin and Craig Mende were among those who planned the event, which addressed the topic of "Copyright Through the Lens of Artificial Intelligence." Past President Roger Zissu,More
Fross Zelnick Lawyers Named in 2020 Edition of Best Lawyers
Several Fross Zelnick lawyers were named in the categories of Trademark Law, Litigation – Intellectual Property, and Copyright Law in the 2020 edition of Best Lawyers.
Richard Lehv was named in all three categories while Craig Mende was listed in both Trademark Law and Litigation –More
Two 'Firm of the Year' Awards Among MIP Honors for Firm and Lawyers
At Managing Intellectual Property's 2019 Global IP Awards, Fross Zelnick received three awards: Trademark Contentious Firm of the Year – United States (Northeast), Trademark Contentious Firm of the Year – United States, and Impact Case of the Year Award for work on Royal Crown Co. v. Coca-Cola,More
12 FZLZ Lawyers Named to 2018 Expert Guide
The 12th edition of the Trade Mark Guide includes 12 FZLZ lawyers in its list of "leading practitioners within the field." The Guide lists Carlos Cucurella, Ronald Lehrman, Peter Silverman, Barbara Solomon, James Weinberger, More
Craig S. Mende authors an article about the National Football League's intellectual property enforcement in Forbes.com
The article focuses on the question: when is a global brand owner overstepping the line of reasonable enforcement?
The NFL is famously aggressive when it comes to enforcing its intellectual property rights, but when is a global brand owner overstepping the line of reasonable enforcement?
Along with colleagues,More
Haverford College (BA, with honors, 1986)
New York University School of Law (JD, magna cum laude, 1991)
Order of the Coif; Libel Defense Resource Center (now Media Law Resource Center) Fellowship, 1990-1991; Law Clerk to Hon. Alan E. Norris, U.S. Court of Appeals, Sixth Circuit, 1991-1992
U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals, 6th Circuit
U.S. District Court, Eastern, New York
U.S. District Court, Southern, New York
U.S. District Court, Western, New York
Copyright Society of the USA (Advisory Board of Executive Committee, 2018-present; Executive Committee Member and Trustee, 2014-2018; Co-Chair, New York Chapter, 2011-2014)
American Bar Association (Member, Intellectual Property Section)
International Trademark Association (INTA)
International Anti-Counterfeiting Coalition (IACC)
World Trademark Review's WTR 1000 2018
Managing Intellectual Property Global IP Star 2018
Best Lawyers - Trademark Law and Litigation - Intellectual Property 2020
Who's Who Legal 2018
Panel moderator on copyright and right of publicity issues for brand owners, INTA annual meeting
Annual meeting moderator of panel on copyright restoration, Copyright Society of the U.S.A.
Entertainment Industry Conference panel member, California CPA Education Foundation
Corporate Counsel's Guide to Anti-Counterfeiting & Brand Integrity Protection conference speaker, American Conference Institute