Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Marc J. Jason Senior Counsel

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New York, NY 10016
 
Marc Jason has broad commercial and intellectual property litigation experience.  He is involved in all aspects of dispute resolution, from pre-suit counseling and negotiation through trial and appeal.  He has litigated trademark, copyright and patent cases on behalf of plaintiffs and defendants in courts throughout the United States, before the Trademark Trial and Appeal Board and in American Arbitration Association proceedings.  Mr. Jason has represented clients in a broad range of industries such as apparel, toys, electronics, textiles and medical devices. 

Noteworthy cases include:
  • As lead negotiator in a worldwide trademark dispute between a Japanese electronics manufacturer and a German telecom company regarding a new camera product, he negotiated a favorable settlement and avoided litigation, permitting the timely introduction of the new product.
  • As lead counsel on damages issues, he obtained a jury verdict of 18% royalty in a patent case involving medical devices.  Johns Hopkins University v Datascope Corp., 513 F Supp. 2d 578 (D. Md. 2007).
  • As a key member of the litigation team, he obtained summary judgment based on favorable claim construction in a patent case involving an on-line credit card application process.  Decisioning.com, Inc. v. Federated Dept. Stores, Inc., 527 F.3d 1300 (Fed. Cir. 2008).
  • As a key member of a trademark anti-counterfeiting team, he was instrumental in obtaining judgments, including permanent injunctions and damages, against major sellers of counterfeit toner cartridges, resulting in an appreciable increase in client’s sales.
  • As a key member of a litigation team, successfully settled trademark litigation that had threatened to derail a multi-million dollar advertising campaign by asserting descriptive fair use defense.  The settlement was precipitated by the strength of our client’s summary judgment motion.
During the first half of 2010, Mr. Jason was seconded to Panasonic Corporation in Osaka, Japan, where he worked as in-house counsel in its Intellectual Property Rights Operations Company.  At Panasonic, he advised on intellectual property issues and disputes and was actively involved in numerous license negotiations. 

He has lectured on U.S. trademark law in Japan and on trademark and copyright law for artists and arts organizations in the United States, including at the New York Foundation for the Arts and Rhode Island School of Design.

Mr. Jason is active in the arts and is on the board of directors of the New York Foundation for the Arts.  Prior to law school, Mr. Jason worked in Paris in the international finance department of a major French bank. He is fluent in French and has working knowledge of Russian. He holds a Bachelor’s Degree with Honors from Brown University and a Juris Doctor Degree from Georgetown University.


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Bar Admissions
  • U.S. Court of Appeals Second Circuit, 2006
  • U.S. Court of Appeals Federal Circuit, 2004
  • U.S. District Court Southern District of New York, 1998
  • U.S. District Court Eastern District of New York, 1998
  • U.S. District Court Middle District of Florida, 1995
  • Florida, 1995 (inactive)
  • New York, 1991
Education
  • Georgetown University Law Center, Washington, District of Columbia, 1990, Juris Doctor
  • Brown University, Providence, Rhode Island, 1986, Bachelor of Arts with Honors, French Literature
  • Université de Paris III, 1985
Professional Associations & Memberships
  • New York Intellectual Property Law Association
  • New York Foundation for the Arts, Member of Board of Directors
Professional Experience
  • Gursky & Ederer, Associate, 1999-2000
  • Baker & Hostetler, Associate, 1997-1998
  • Shutts & Bowen, Associate, 1995-1997
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