Matthew Ganas has a wide range of intellectual property and complex commercial litigation experience in the areas of patent, copyright, trademark, trade secret, antitrust and right of publicity law.
Matthew regularly represents medical device manufacturers in offensive and defensive patent infringement matters involving a variety of surgical instrument technologies.
Matthew has also represented multinational sports, media, entertainment, fashion and retail, software solutions and medical device industry clients in copyright, trademark, false advertising and trade secret litigation.
Matthew also provides IP counseling and clearance advice to multimedia and retail industry clients in connection with online print and video publications, as well as corporate-sponsored social media content.
- Ethicon Endo-Surgery, Inc., et al v. Covidien LP, et al (D. Mass)—representing Covidien (Medtronic) in patent infringement action relating to advanced bipolar electrosurgical device technology
- Covidien Sales LLC, et al v. Ethicon Endo-Surgery, Inc. (S.D. Ohio)—representing Covidien (Medtronic) in successive patent infringement actions relating to ultrasonic surgical device technology
- The Lovesac Company v. Burrow, Inc.—represented and obtained favorable settlement for Lovesac in a patent infringement suit involving modular assembly, mounting and couplers for furniture components
- WalkMe Ltd. v. Pendo.io, Inc. (S.D.N.Y.)—represented developer and provider of website tutorial software programs in patent infringement suit against industry competitor
- Covidien Sales LLC, et al v. Ethicon Endo-Surgery, Inc. (D. Conn.)—represented Covidien (Medtronic) in patent infringement action and preliminary injunction proceedings relating to ultrasonic surgical devices
- Tyco Healthcare Group LP, et al v. Ethicon Endo-Surgery, Inc. (D. Conn.)—represented Tyco (now Medtronic) in patent trial and appeal proceedings concerning ultrasonic surgical device technology
- St. Jude Medical v. Volcano Corp. (D. Del.)—represented St. Jude in series of patent cases relating to diagnostic cardiovascular guide wire technology, including two jury trials
Copyright, Trademark and Trade Secret Litigation
- Kawhi Leonard v. NIKE, Inc. (D. Or.) – representing NIKE in copyright litigation relating to ownership and infringement of custom design used by NIKE during NBA athlete endorsement deal
- AVELA et al v. Estate of Marilyn Monroe (S.D.N.Y.)—representing the Estate of Marilyn Monroe in trademark infringement and false endorsement litigation against merchandise licensing entity
- irth Solutions, LLC v. Apex Data Solutions and Services, LLC, et al. (W.D.N.Y.)—representing developer and provider of web-based (SaaS) utility location and damage prevention software platform in trade secret misappropriation (Defend Trade Secrets Act), Computer Fraud and Abuse Act (CFAA), and unfair completion action against competitor
- PaySys International, Inc. v. Atos SE, et al. (S.D.N.Y)—represented Atos and affiliates in cross-border copyright, trade secret, breach of contract, and commercial tort action brought by licensor and competitor—secured dismissal of all claims and attorneys’ fee award exceeding $4M
- New London Associates LLC v. Kinetic Social LLC, et al. (S.D.N.Y.)—represented and secured favorable settlement for defendant Western Alliance Bank in copyright infringement and related tort action involving software programs developed for the online advertising industry
- Spinelli et al v. Associated Press et al. (S.D.N.Y.)—represented AP in defense of copyright, antitrust and related tort claims brought by a group of professional sports photographers relating to licensing and use of NFL-related photographs
- Spanski Enterprises, Inc. v. Telewizja Polska S.A. (D.D.C.)—represented Polish public broadcaster in copyright infringement action against domestic licensee relating to geo-blocking of online video content
- SurgiQuest, Inc. v. Lexion Medical, LLC (D. Del)—represented SurgiQuest (ConMed) in a Lanham Act false advertising trial involving medical device equipment used in minimally invasive surgery
Other Sports, Media and Entertainment Litigation
- GSP Securities LLC v. Shenzhen Jie An De Enterprise Co. Ltd (S.D.N.Y)—represented and secured favorable settlement for GSP in breach of contract matter relating to financial advisory and consultancy services provided to acquirers of Italian professional football club A.C. Milan S.p.A.
- Durham Commercial Capital Corp. v. Cerro Records, LLC et al (N.Y. Sup.)—represented defendant ESPN in commercial advertisement contract dispute
- In re NCAA Student-Athlete Name & Likeness Litigation (N.D. Cal.)—Represented third parties ESPN and ABC in antitrust and right of publicity class-action suit relating to the use of current and former student-athletes' names, images and likenesses in college sports videogames and broadcasts
- W. Stuart Price v. William Cameron, et al and Tulsa Hoops LLC (Okla.)—Counseled minority shareholder of women’s professional basketball club in dispute against majority team owners relating to franchise relocation efforts
- J.D., New York University School of Law 2011
Larry Fleisher Memorial Foundation Prize 2011 (Sport and Entertainment Law)
- B.A., Fordham University
Matthew has been recognized in Sports Illustrated as an "accomplished intellectual property attorney" and "a sports attorney who has worked on litigation involving teams in Serie A, the WNBA and other leagues." McCann, M, "Nike Countersues Kawhi Leonard in Ongoing Battle Over 'The Klaw' Logo," Jul. 18, 2019.
Matthew was the recipient of NYU Law School's Larry Fleisher Memorial Foundation Prize for extraordinary achievement in the area of Sports and Entertainment Law.
Matthew provides pro bono legal services to non-profit New York City youth sports organizations, as well as other public interest organizations, in connection with intellectual property management, licensing and general contract matters.
- Co-author, "Athletes' Right of Publicity Claims Directed to Sports Video Games Not Preempted by Copyright Act," The Licensing Journal, March 2018
- Co-author, "SCOTUS invites Solicitor General's position on copyright registration pre-suit requirement," Media, Sports and Entertainment Online, February 2, 2018
- Co-author, "Athletes' Right of Publicity Claims Directed to Sports Video Games not Preempted by Copyright Act," Re:Marks on Trademark and Copyright, January 24, 2018
- Co-author, "Rights of Publicity in Sports-Media," Syracuse Law Review, April 2017
- Co-author, " "World Sports Law Report, April 2016
- Co-author, "Jury Finds Singers, Robin Thicke and Pharrell Williams, Owe $7.4M for Copyright Infringement," Media, Sports and Entertainment Online, March 13, 2015
- Co-author, " "The Licensing Journal, February 2015
- Co-author, "USA: Ninth Circuit Rejects EA's 'Incidental Use' Defense in Madden-Related Right of Publicity Suit," Sports, Media and Entertainment Online, January 26, 2015
- Co-author, " " Law A LA Mode, Issue 14, October 2014
- Author, " Sports Litigation Alert, May 2, 2014
- Co-author, "Third Circuit Rejects EA's First Amendment Defense to College Athletes' Right of Publicity Claims," Sports, Media and Entertainment Online, May 28, 2013
- Co-author, "Kirtsaeng v. John Wiley & Sons: First sale doctrine applies to copyrighted goods first sold abroad," Intellectual Property Update, March 22, 2013
- Co-author, "In re NCAA Student-Athlete Name & Likeness Licensing Litigation: Antitrust Plaintiffs' Motion for Class Certification Survives Defendants' Motion to Strike," Sports, Media and Entertainment Online, February 12, 2013
- Panelist, "Current Intellectual Property Issues Facing the Entertainment Industry," Syracuse University College of Law's 4th Annual Entertainment and Sports Law Symposium (April 6, 2018)