Marc E. Miller

Copyright, Trademark, and Trade Secret Litigation

• Nike, Inc. v. StockX LLC (SDNY): Representing Nike in trademark infringement, dilution, counterfeiting, and false advertising claims against StockX over sales of unauthorized Nike-branded NFTs and counterfeit goods
• Caraway Home, Inc. v. Sensio Inc., et al. (SDNY): Representing Sensio d/b/a Made by Gather in design patent infringement, trade dress infringement, dilution, and unfair competition action concerning sales of cookware; defeated a motion for a preliminary injunction
• Jones v. Nike (SDTX): Obtained summary judgment victory against plaintiff by proving that plaintiff's use of asserted "Ballin" trademark was insufficient to establish trademark rights
• Druyan-Sagan Assoc., Inc. v. Saganworks, Inc. (EDMI): Represented Saganworks in trademark infringement, false endorsement, and right of publicity action relating to alleged use of Carl Sagan's name, image, and likeness
• Dr. Seuss Enterprises v. ComicMix LLC et al. (9th Circuit): Obtained precedential reversal for Dr. Seuss Enterprises in copyright appeal relating to infringement of iconic Seuss works, including Oh The Places You'll Go, followed by consent judgment and permanent injunction on remand
• Chicago Mercantile Exchange Inc. v. ICE Clear US, Inc. et al. (ND Ill): Represented Intercontinental Exchange (owner of the New York Stock Exchange) in a trademark infringement lawsuit filed by competitor seeking over US$1 billion in damages
• Lontex Corp. v. Nike, Inc. (EDPA): Represented Nike in trademark infringement lawsuit involving allegations of reverse and forward confusion; obtained successful partial motion to dismiss
• Tigercat Int'l v. Caterpillar Inc. (TTAB): Representing Tigercat in opposition proceeding relating to Tigercat mark
• Prairie Island Indian Community v. Radisson Hotels International, Inc., et al. (DMINN): Represented Treasure Island, LLC and Radisson Hotels International Inc. in trademark infringement lawsuit; obtained successful partial motion to dismiss and favorable settlement
• Foshan Hudson Economics and Trade Co., Ltd. d/b/a Hudson Ceramic v. MS International, Inc., et al. (NDGA): Represented Home Depot USA, Inc. in copyright infringement lawsuit
• Noosa Yogurt v. Hain Celestial (DCOL): Represented Hain Celestial in trade dress infringement action relating to yogurt packaging
• PaySys International, Inc. v. Atos SE, et al. (SDNY): Represented Atos and Worldline in copyright infringement, trade secret misappropriation, breach of contract and related tort action concerning credit card and payment processing software; secured pre-trial dismissal of all 11 causes of action brought under federal, state and foreign law
• World Trade Centers Association Inc. v. The Port Authority of New York and New Jersey (SDNY): Represented the Port Authority of New York and New Jersey in trademark infringement action
• Spinelli et al. v. Associated Press et al. (SDNY): Represented AP in defense of copyright, antitrust and related tort claims brought by a group of professional sports photographers alleging unlawful use of NFL-related photographs
• Spanski Enterprises, Inc. v. Telewizja Polska SA (DDC): Represented Polish public broadcaster in copyright infringement action relating to geo-blocking of online video content
• Gordon v. Invisible Children, Inc., et al. (SDNY): Represented Invisible Children in copyright infringement action

Patent Litigation

• Fatboy v. EMRG Creative (NDTX; PTAB): Represented EMRG in design patent infringement lawsuit relating to inflatable seating; obtained favorable settlement shortly after post grant review proceedings were filed in 2016
• Autoloxer LLC v. Sandvik Mining and Construction USA, LLC (EDTX): Represented Sandvik in patent litigation that settled early and favorably for Sandvik
• America's Collectibles Network v. The Genuine Gemstone Company (EDTENN): Represented The Genuine Gemstone Company in patent infringement action obtaining complete victory on summary judgment
• Destination Maternity Corp. v. Target Corp. (EDPA; PTAB): Represented Destination Maternity in patent litigation and related Inter Partes Review concerning maternity apparel patents
• St. Jude Medical v. Volcano Corp. (DDEL): Represented St. Jude in series of offensive and defensive patent litigations relating to diagnostic cardiovascular guide wire technology, including two jury trials in the District of Delaware

Marc is passionate about pro bono work and works on DLA Piper's national signature projects, including Advancing Education's Promise, a pro bono project dedicated to improve educational pathways for children. As part of Serving Those Who Serve Our Country, a multi-faceted pro bono project serving veterans and their families, Marc has represented veterans before the Department of Veterans Affairs, Board of Veterans' Appeals.

Marc has also represented asylum applicants seeking a path to citizenship in the United States and worked with Election Protection, a nonpartisan coalition that works year-round to ensure that all voters have an equal opportunity to vote and have that vote count. Through Volunteer Lawyers for the Arts, Marc has represented and counselled artists, including successfully negotiating the settlement of a dispute between a New York artist and a gallery.

Marc received a Pro Bono Publico Award from The Legal Aid Society in 2013 for his work on Legal Aid's amicus brief to the New York Court of Appeals in People v. Dunbar, arguing that the Queen's County District Attorney's practice of interviewing was unconstitutional.