Marc E. MillerPartner
Marc Miller focuses his practice on intellectual property litigation matters involving trademarks and trade dress, copyrights, right of publicity, unfair competition and false advertising, as well as other complex commercial litigation matters. Marc is a rising star in the trademark field and was a core team member on consequential trademark infringement cases that went to trial with favorable outcomes. Clients regularly recognize Marc as a trusted advisor on complex discovery issues and overall case strategy.
Marc regularly represents multinational and Fortune 500 companies as well as small and emerging businesses, with particular experience in the fields of consumer goods, blockchain and digital assets (NFTs and cryptocurrencies), artificial intelligence (AI), food and retail, financial services, media, sports and entertainment, and life sciences. He helps his clients litigate disputes in multiple federal courts and venues throughout the country.
Representative 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
- 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 $1 billion in damages
- Lontex Corp. v. Nike, Inc. (ED Pa)—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 (D Minn)—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. (ND Ga)—represented Home Depot USA, Inc. in copyright infringement lawsuit
- 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
- God, Gold and Moore, LLC, d/b/a Psycho Bunny v. Nike, Inc. (SDNY)—represented Nike in trademark infringement and dilution lawsuit; defeated request for a temporary restraining order and preliminary injunction and obtained a favorable settlement
- Fatboy v. EMRG Creative (ND Tex.; 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 (ED Tex.)—represented Sandvik in patent litigation that settled early and favorably for Sandvik
- America's Collectibles Network v. The Genuine Gemstone Company (ED Tenn.)—represented The Genuine Gemstone Company in patent infringement action obtaining complete victory on summary judgment
- Destination Maternity Corp. v. Target Corp. (Ed. Pa; PTAB)—represented Destination Maternity in patent litigation and related Inter Partes Review concerning maternity apparel patents
- St. Jude Medical v. Volcano Corp. (D. Del.)—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
- J.D., New York Law School 2010
- B.S., University of Vermont 2003
- The Legal 500 United States 2022 – Recommended, Trademark Litigation
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.
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. While there he represented clients in a variety of matters related to open source development, including copyright litigation, copyright and trademark licensing, and non-profit governance.
At New York Law School, Marc was a John Marshall Harlan Scholar and a Notes & Comments Editor of the New York Law School Law Review.
Before attending law school, Marc spent four years working for a specialty software company.
Memberships And Affiliations
- The Copyright Society of the U.S.A
My latest insights
DLA Piper represents Dr. Seuss Enterprises in precedential Ninth Circuit copyright appeal
4 January 2021 .5 minute read
Law à la Mode: Word of the industry's mouth; Enforcement of IP rights through Ukrainian...
26 November 2018 .2 minute read