Ms. Benjamin’s practice focuses on all areas of intellectual property law including trademark, copyright, and unfair competition, advertising and First Amendment litigation, counseling and procurement. She has significant experience with Internet, new media and on-line matters such as key word and pop-up advertising and domain name issues. Ms. Benjamin manages significant trademark portfolios with U.S. and foreign trademark prosecution, and provides clearance opinion and counseling services to her clients. She has extensive litigation experience in intellectual property matters in Federal Court and before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, including trying cases before a jury and arguing appeals before the T.T.A.B. and the Federal and Second Circuit Courts of Appeals. She is also experienced in advertising and packaging review, pre-publication review, licensing and due diligence for corporate matters.

Ms. Benjamin is actively involved in the Intellectual Property Law Section of the American Bar Association, the New York Intellectual Property Law Association, the American Intellectual Property Law Association, the Bar Association of the City of New York and the International Trademark Association, where she has held various positions including Chair, Division II (Trademarks), Division VIII (CLE Programs) and Council member of the ABA IPL Section and Chair, Trademark Committee and CLE Committee of the NYIPLA. Ms Benjamin frequently speaks and writes on intellectual property issues and has been published in the National Law Journal, the Licensing Journal, Metropolitan Corporate Counsel, Bright Ideas and Euro-Watch. On behalf of the American Intellectual Property law Association, she authored an amicus brief filed with the U.S. Supreme Court in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.

Ms. Benjamin was named as a New York Super Lawyer in 2010 and 2006 and is a member of Who’s Who.

Representative Cases:

• Kemp v. Bumble Bee Seafoods, Inc., 398 F.3d 1049 (8th Cir. 2005)
• P&G v. Colgate-Palmolive co., 199 F.3d 74 (2d Cir. 1999), affirming, 1999 U.S. Dist. Lexis 10749 (S.D.N.Y. 1999)
• In re Boston Beer Co., 198 F.3d 1370 (Fed. Cir. 1999)
• Dorf & Stanton Communications v. Molson Breweries, 1997 U.S. App. Lexis 794 (Fed. Cir. Jan. 10, 1997)
• Venugopal v. Sharadha Terry Products, Ltd., 2009 U.S. Dist. Lexis 43534 (W.D.N.Y. May 18, 2009)
• Superior Seafoods, Inc. v. Tyson Foods, Inc., 2008 U.S. Dist. Lexis 2741 (D. MN. Jan. 14, 2008), and other related decisions.
• Arthur the Dog v. U.S. Merch. Inc., 2007 U.S. Dist. Lexis 63885 (Aug. 28, 2007)
• Universal Nutrition Corp. v. Carbolite Foods, Inc., 325 F. Supp. 2d 526 (D.N.J. 2004)
• Leutwyler v. Royal Hashemite Court of Jordan, 184 F. Supp. 2d 303 (S.D.N.Y. 2001)
• Playboy Enter., Inc. v. Universal Tel a Talk, Inc., 1999 U.S. Dist. Lexis 13948 (E.D. Pa. Sep. 10, 1999)
• Playboy Enter., Inc. v. Welles, 7 F. Supp.2d 1098 (S.D. Ca. 1998)
• Decora Inc. v. DW Wallcovering, 901 F. Supp. 161 (S.D.N.Y. 1995)
• John Labatt Ltd. v. Molson Breweries, 1995 U.S. Dist Lexis 507 (S.D.N.Y. 1995), aff’d, Dorf & Stanton Communications v. Molson Breweries, 1997 U.S. App. Lexis 794 (Fed. Cir. Jan. 10, 1997)
• Kraft Gen. Foods v. Allied Old English, 831 F. Supp. 123 (S.D.N.Y. 1993)

Publications and Presentations

• “Taking and Defending Depositions,” panelist, ABA/IPL Spring CLE Conference, April 2010
• “Hot Topics in Trademark Law,” program moderator, NYIPLA CLE Program, June 2009
• “Madrid System and Hague Agreement: An Update of Recent Developments and Changes on the Horizon,” program moderator, May 11, 2009
• “Navigating the International and National Regulatory Morass of Labeling Cosmetics,” HBA Expo, Regulatory Summit, New York, New York (September 19, 2007)
• “Making Advertising Claims for Functional Cosmetics and Foods,” HBA Expo, Technical Educational Program, New York, New York (September 19, 2007)
• “Hot Topics in Copyright Law,” ABA Annual Meeting, San Francisco, California (August 2007)
• “Copyright Basics: What Litigators Need To Know To Protect Clients In The Internet Age,” ABA Section of Litigation, CLE Teleconference (February 2, 2007)
• Benjamin, A.J. and LaBarre, J., “Donating Works to the Public Domain Isn’t Always the Best Way to Provide the Public Access to Your Work,” The Licensing Journal Vol. 26, No. 6 (June/July, 2006)
• Benjamin, A.J. and Rubinstein, A., “Recent Developments in the Law of Spam,” NYIPLA Bulletin (January/February 2006)
• “A Rush To The Courthouse: Notice And Cease And Desist Letters, Preemptive Suits, Declaratory Judgment Actions, Transfer Motions, Motions To Stay,” 2006 AIPLA Spring Meeting
• “Effective Use of Licensing And The Public Domain in Your Marketing Efforts,” Corporate Counsel’s Guide to IP In Advertising and Marketing, Understanding Fair Use, Enforcing Your Rights and Leveraging Opportunities, American Conference Institute, Feb 27-28, 2006
• International Hot Topics in Trademark Law, ABA/IPL Annual Summer Conference, June 2006
• Benjamin, A.J. and Starnella, K.A., “Preliminary Injunctions & Temporary Restraining Orders: Practice and Procedures,” Intellectual Property Litigation Vol. 16: No. 4 (Winter 2005)
• Benjamin, A.J., “Shifting Sands: The Changing Face of the Fair Use Defense in Trademark Law,” Panel Moderator at ABA/IPL Section 2004 Summer IPL Conference (June 17, 2004)
• Benjamin, A.J. and Matkowsky, J., “Recent Legal and Legislative Developments in the Area of Online Contextual Marketing” Bright Ideas Vol. XIII, No. 2 (Fall 2004)
• Benjamin, A.J. and Dowling, E.M., “The Digital Millennium Copyright Act: Its Inception and Rocky First Six Years,” presented by Amy J. Benjamin at NYSBA Intellectual Property CLE Program (September 21, 2004)
• Benjamin, A.J. and LaBarre, J., “A Wolf in Sheep’s Clothing: New Anti-Spyware Legislation Seeks to Rewrite Lanham Act,” Andrews Litigation Reporter: Computer & Internet Vol. 22: Issue 11 (November 2, 2004)
• Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., No. 04-048, Amicus Curiae Brief Of The American Intellectual Property Association On Petition for Writ of Certiorari, filed November 8, 2004
• "Proceedings Under UDRP Are Off and Running", The National Law Journal
• "To Sue Or Not To Sue? New Protections To Stop Cybersquatters", The Metropolitan Corporate Counsel
• Benjamin, A.J. and Vachovsky, H., "A New Proposal to Stem the Flow of Counterfeit Goods Compares Favorably to US and Japanese Law" Euro Watch (June 15, 2003)