Marc E. Miller

Marc E. Miller

Partner
New York
About

Marc Miller is an intellectual property litigator representing leading brands and companies in major trademark, trade dress, copyright, false advertising, counterfeiting, and other complex commercial disputes. He has extensive experience litigating intellectual property cases in federal courts nationwide, including preliminary injunction proceedings, discovery, summary judgment, trials, and appeals.

Marc represents clients across the consumer products, apparel and retail, technology, financial services, media, sports and entertainment, and life sciences industries. His practice includes disputes involving the protection and enforcement of valuable brands and other intellectual property, as well as emerging technologies and evolving channels of commerce.

Marc works closely with clients to develop litigation strategies that reflect their business objectives and the commercial significance of the intellectual property at issue. He advises clients throughout the litigation process, from early case assessment and strategic motion practice through trial and appeal, and helps them evaluate opportunities to resolve disputes efficiently and effectively. His experience includes securing significant jury trial outcomes, obtaining summary judgment victories, defeating requests for preliminary injunctive relief, and securing precedential appellate rulings in intellectual property disputes.

Areas of FocusIntellectual PropertyTrademark and Copyright LitigationLitigation, Arbitration and InvestigationsConsumer Goods, Food and RetailMedia Sports and Entertainment
Bar admissionsNew York
CourtsUnited States District Court for the Southern District of New YorkUnited States District Court for the Eastern District of New YorkUnited States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Fourth CircuitUnited States Court of Appeals for the Ninth CircuitUnited States District Court for the District of Colorado

REPRESENTATIVE EXPERIENCE

  • Nike, Inc. v. Tuinenberg (C.D. Cal.): Secured an US$11 million federal jury verdict for Nike in a trademark counterfeiting and trade dress infringement action involving the unauthorized use of Nike's iconic trademarks and registered Dunk trade dress
  • Total90, LLC v. Nike, Inc. (E.D. La.): Successfully defeated motions for a temporary restraining order and preliminary injunction seeking to prohibit Nike's use of its TOTAL 90 trademark in connection with footwear and apparel
  • Nike, Inc. v. S2 Services, Inc. (S.D.N.Y.): Secured a consent judgment and permanent injunction for Nike in trademark infringement and counterfeiting litigation against sneaker customizer The Shoe Surgeon
  • Caraway Home, Inc. v. Sensio Inc. (S.D.N.Y.): Successfully defeated a motion for preliminary injunction on behalf of Sensio/Made by Gather in design patent and trade dress litigation involving competing cookware products
  • Nike, Inc. v. StockX LLC (S.D.N.Y.): Represented Nike in high-profile trademark infringement, counterfeiting, and false advertising litigation against online resale platform StockX; obtained summary judgment establishing StockX's liability for distributing counterfeit footwear
  • Dr. Seuss Enterprises v. ComicMix LLC (9th Cir.): Obtained a precedential appellate victory reversing a fair use ruling in copyright litigation involving iconic Dr. Seuss works, followed by a consent judgment and permanent injunction on remand
  • Tigercat International Inc. v. Caterpillar Inc.: Represented Tigercat in a global trademark dispute with a major competitor in the heavy equipment industry
  • Jones v. Nike (S.D. Tex.): Obtained summary judgment for Nike in trademark infringement litigation, establishing that the plaintiff's use of the asserted "Ballin" mark was insufficient to establish enforceable trademark rights
  • Alsa Refinish LLC v. The Home Depot, Inc.: Obtained summary judgment for Home Depot in a trademark infringement dispute
  • Spyderco, Inc. v. Maverick Work Wear, Inc. (D. Col.): Represented Brunt Workwear in trade dress infringement litigation involving pocket knives
  • PaySys International, Inc. v. Atos SE (S.D.N.Y.): Secured pretrial dismissal of all 11 causes of action asserted against Atos and Worldline in complex litigation involving copyright infringement, trade secret misappropriation, contract claims, and payment-processing software
  • Chicago Mercantile Exchange Inc. v. ICE Clear US, Inc. (N.D. Ill.): Represented Intercontinental Exchange in a complex trademark dispute involving claims exceeding US$1 billion, including a month-long trial that resulted in judgment for the defense on counterfeiting and breach of contract claims
  • Noosa Yogurt v. Hain Celestial (D. Col.): Represented Hain Celestial in trade dress infringement litigation involving yogurt packaging
  • Strategic trademark counseling: Serves as US trademark counsel to a leading global financial services provider, advising on trademark enforcement and brand protection strategies to address infringement, impersonation, and fraud

Awards

The Legal 500 United States

  • Recommended, Trademark Litigation, (2022, 2024)

World Trademark Review WTR 1000

  • Bronze Band, United States: New York, (2024 – 2026)
  • Ranked, Enforcement and Litigation, (2023, 2026)

Pro Bono

Marc maintains an active pro bono practice focused on intellectual property counseling for nonprofit organizations, small businesses, and entrepreneurs. His work includes resolving copyright and trademark disputes and advising clients on protecting and enforcing intellectual property.

His other pro bono experience includes supporting voting rights and election protection projects, representing veterans and asylum applicants, and counseling artists. Marc received the Legal Aid Society's Pro Bono Publico Award in 2013.

Education
  • J.D., New York Law School, 2010
    cum laude
  • B.S., University of Vermont, 2003

Prior Experience

Before joining DLA Piper, Marc worked at the Software Freedom Law Center, an organization that provides pro bono legal services to non-profit developers of free and open-source software.

At New York Law School, Marc was a John Marshall Harlan Scholar and a Notes & Comments Editor for the New York Law School Law Review.

Before attending law school, Marc spent four years working for a specialty software company.

Memberships And Affiliations

  • International Trademark Association (INTA)
  • The Copyright Society of the U.S.A.

My latest insights

Publication

Intellectual Property News Q3 2026

6 October 2026 .1 minute read

Publication

From platforms to premises: online and offline intermediary liability for IP infringement

28 September 2026 .13 minute read

News

DLA Piper wins jury verdict for Nike in federal counterfeiting and trade dress...

23 March 2026

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Phone

+1 212 335 4533
(Work, New York)