Lynda M. Braun is counsel in Weil’s New York office and a member of the Firm’s Intellectual Property & Media practice group. Ms. Braun’s practice focuses on a wide range of intellectual property and unfair competition litigation, including trademark and trade dress infringement and dilution, the law of ideas, Internet and domain name law, copyright infringement, right of publicity law, misappropriation and counterfeiting. In litigation matters, Ms. Braun has represented well known television, motion picture, fashion and sports companies and personalities in high profile, precedent-setting cases. She has extensive experience in all phases of litigation, including trial and appellate work in cases brought in federal and state courts throughout the US. Ms. Braun has been recognized as a leading lawyer by New York Super Lawyers.
Ms. Braun also represents clients in domain name arbitrations pursuant to ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP). In addition, she is a panelist with the WIPO Arbitration and Mediation Center’s Panel of Neutrals for Resolution of Domain Name Disputes and the CPR Institute’s Domain Name Panel for Dispute Resolution and has presided over numerous UDRP proceedings in this capacity.
In non-litigation matters, Ms. Braun handles the trademark and domain name portfolios of a variety of clients. She also counsels clients in copyright, trademark, right of publicity and new media matters and drafts licensing, trademark, and coexistence agreements, among others, for her clients. She has written numerous articles of significance to intellectual property litigators.
Recent experience includes:
- Serving as one of three Weil lawyers representing ESPN in New York Supreme Court. Modi, an Indian plaintiff, sued ESPN and affiliated companies for breach of contract, misappropriation of trade secrets and unfair competition, seeking over $200 million in damages in a case involving a dispute over the launch of the ESPN India channel. The jury rendered a complete defense verdict, including a $2.5 million counterclaim award to ESPN.
- Representing the DVD Copy Control Association (DVD CCA), the licensor of the technology used to encrypt copyrighted motion pictures on DVD, to assist it in obtaining an injunction prohibiting defendants from posting DVD CCA’s trade secrets on the internet, which allowed others to decrypt motion pictures and view them without cost.
- Serving as co-lead counsel to ABC and Barbara Walters as defendants in a theft of idea and copyright case brought in the Southern District of New York regarding allegations that the idea for Ms. Walters’ daytime television show "The View" originated with plaintiffs. The case was resolved on defendants’ summary judgment motion, after several months of expedited discovery, and the grant of the motion was affirmed by the Second Circuit Court of Appeals
- Representing Sony, distributor TriStar Pictures, director Jonathan Demme and screenwriter Ron Nyswaner of the motion picture "Philadelphia," in a case brought in the Southern District of New York by the family of a man who claimed that the motion picture used the man’s story without attribution. The matter was settled midway through the jury trial.
- Representing American Eagle Outfitters (AEO) in a case brought in the Southern District of Ohio by Abercrombie & Fitch. Abercrombie alleged that AEO was infringing its trade dress in its clothing, store and catalog designs. The district court dismissed the case on AEO’s summary judgment motion, with virtually no discovery having been taken. The grant of the motion was affirmed by the Sixth Circuit Court of Appeals.
- Winning summary judgment for The Walt Disney Company Disney in a copyright case brought in the Southern District of New York by Anthony Tomasini, an artist who claimed that Disney’s "Gargoyles" cartoon series copied characters and concepts that he had created in a previous work.
- Representing The Walt Disney Company and ABC in in a breach of contract case involving ABC’s game show "Who Wants to Be a Millionaire." The plaintiff claimed one of the questions he was asked on the show was ambiguous and that the show’s determination that his answer was incorrect unreasonably denied him of his right to proceed on the show (he had to leave at that point with $1000). Defendants moved to dismiss the complaint, which the Court granted. Plaintiff did not appeal.
- Successfully representing Paco Rabanne Parfums in a trademark infringement, trademark dilution and unfair competition matter in which Paco Rabanne sued Paco Jeans for use of its famous mark.
- Successfully representing Healthology, an online health media company that operates a network of informational web sites on a multitude of health and medical topics, in a trademark proceeding regarding a domain name pursuant to the UDRP. The three-member WIPO panel denied the plaintiff’s complaint, finding that Healthology had rights and legitimate interests in the domain name at issue.
- Winning political asylum for a Peruvian national who was a Congressional Counsel in a government that was overthrown, putting his life in danger. The man left Peru and sought political asylum in the United States. After five years of denials, Ms. Braun tried Mr. Loayza’s case before an Immigration Judge in Manhattan. The man was granted political asylum soon thereafter and now has permanent residency in the United States.
Throughout her career, Ms. Braun has been devoted to public service. She has done considerable pro bono work, both litigation and counseling, for such entities as the Museum of Jewish Heritage, Children’s Defense Fund, Central Park Conservancy, 911 Families Association and Human Rights First (formerly Lawyers Committee for Human Rights). In addition, she has been an active member of the Board of Directors of South Brooklyn Legal Services since 2001. Ms. Braun is a member of the Litigation Section, Computer and Internet Committee, Communications and Media Law Committee and Intellectual Property Committee of the American Bar Association. She is also a member of the International Trademark Association and the Judges and Lawyers Breast Cancer Alert (JALBCA). She was previously a member of the Communications and Media Law and Entertainment Law Committees of the Association of the Bar of the City of New York.