Intellectual Property/Media

Weil's Intellectual Property/Media practice continues to set the pace in a world that is increasingly brand-focused, high-tech, digital, and dominated by social media.

Notable Representations, Key Contacts

Weil Named Copyright “Firm of the Year” - United States

Managing Intellectual Property 2019, 2020, 2023

This evolution is especially significant in the media and entertainment industries, driving legal disputes that are redefining the boundaries of antitrust, copyright, trademark, misappropriation, false advertising/Lanham Act, First Amendment, and commercial litigation issues. These developments affect all types of media companies – established and new – as well as numerous other content providers and hosts serving global businesses and consumers.

Against that backdrop, our IP/Media practice has developed an industry-wide reputation and record of success in a number of cutting-edge areas:

IP Litigation

  • Defense of Cutting-Edge Secondary Liability, Vicarious Liability, and Contributory Liability Claims. These claims collectively represent an increasingly deployed legal tool whereby intellectual property owners are attempting to impose liability on other parties that have indirect involvement in transactions involving claimed counterfeit or infringing content (e.g., web-based e-commerce platforms that allow users to sell products to other users). Our attorneys are experienced in handling these cutting-edge issues.
  • Disputes between Content Distributors and Content Providers. As traditional media distribution platforms such as cable and broadcast television adapt to increased competition from web-based and other digital distribution platforms, as well as to new high-definition content, there has been an avalanche of litigation between content providers (like television networks) and content distributors (like cable and broadband providers) relating to the rights to distribute this content. Our practice has long been at the forefront of such disputes.
  • Copyright Music Licensing Disputes. Weil has built an extensive music copyright practice, which counts Pandora Media, Sirius XM Radio Inc., ABC, NBC, CBS, DMX, Inc., the local broadcast radio industry, the local broadcast television industry, dozens of cable networks, and a host of Internet-based music users as clients. We have put an indelible stamp on music IP law that has defined – and is still shaping – the digital era through a series of precedent-setting licensing litigations and other proceedings involving the application of established legal doctrines to novel environments, whether they be television and radio broadcasts or wireless transmissions.

IP Counseling

Weil regularly counsels leading companies and organizations around the world on a wide variety of IP issues ranging from IP enforcement and brand protection to cutting-edge contributory liability issues to advertising and privacy/data protection issues – including in the transactional context.

From leading social media companies to major entertainment companies to international financial services companies, clients turn to Weil to manage myriad intellectual property and related issues in the context of counseling and transactions, as well as prior to disputes and formal litigation. Our capabilities include a deep expertise in:

  • IP matters arising in mergers, acquisitions, spin-offs, and other global corporate transactions
  • False advertising/Lanham Act claims
  • Representations in investigations before federal and state regulators
  • Trade Secret Protection and Restrictive Covenants
  • Bring Your Own Device to Work (BYOD) Policies and Related Social Media Issues
  • Digital Millennium Copyright Act (DMCA) safe harbors and compliance requirements
  • Development of terms of service, fair use, and infringement risks (both direct and secondary)
  • Defenses associated with the clients’ service offerings and product development initiatives
  • Cutting-edge secondary liability issues, including contributory and vicarious infringement issues
  • Trademark and copyright licensing requirements
  • Trademark strategy, enforcement, and, when necessary, litigation
  • Music licensing

Representative Matters

Alibaba Group



Getty Images

HarperCollins Publishers LLC

S&P Global

Oxford University Press and Cambridge University Press, the Association of American Publishers, SAGE Publications

Pandora Media

Sirius XM Radio Inc.

The Television Music License Committee – Broadcast Television Industry

Walt Disney Co. and Marvel Entertainment, LLC

Key Contacts

Benjamin E. Marks

Benjamin E. Marks


New York

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Recent Announcements

Named a “Leading” Firm for Employee Benefits & Executive Compensation in New York

Chambers USA 2023

Ranked among the top 5 firms in New York for Media & Entertainment: Litigation and Intellectual Property: Trademark, Copyright & Trade Secrets.

Chambers USA 2024

The “Weil attorneys are all outstanding lawyers." They are “a very skilled copyright team with a great sense of how to handle really complex and novel issues," and are “extremely well organized and proactive.”

Chambers USA 2020 – 2024

Clients call us “true experts in the field” and note that Weil “brings a depth of experience and a strategic component that is unmatched.”

Chambers USA 2015 - 2019

Weil is an “excellent firm with phenomenal trademark attorneys.” The firm “matches cutting-edge knowledge on trademark liability issues with finely honed … litigation skills,” “thinks outside the box and pursues strategies that many others do not see” and combines “first chair trial counsel” with “authoritative expertise.” Weil is “a source of percipient strategic counsel away from the courtroom and negotiating table and a prime pick for prestigious brands in all circumstances.”

World Trademark Review 2020-2022

Weil has long been recognized as a “Leading” firm for Copyright, Trademarks: Litigation and Media and Entertainment: Litigation.

Legal 500 US 2024

Weil is “incredibly knowledgeable” and “one of the premier copyright litigation practices in the U.S.” They offer “excellent legal advice with a high-touch focus that feels like a smaller firm.”

Legal 500 US 2019 – 2021

“Experts in both legal and business issues,” Weil’s team is “noted for its ability to work ‘seamlessly’ with in-house legal departments,” while market commentators call us a “top-notch name in the music space” and note our “strong trial expertise.”

Legal 500 US 2018

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