Nancy J. Mertzel is a Partner and Chair of Intellectual Property at Herrick, Feinstein LLP. She has more than 25 years of experience protecting brand names, products, content and technology. Her diverse intellectual property practice includes handling both transactional and litigation matters. Ms. Mertzel has represented clients engaged in a variety of business endeavors including consumer goods, entertainment, financial services, health care, hospitality, publishing (academic and music), software development and technology. Since 2009, she has been listed among Thompson Reuters’ New York Super Lawyers for Intellectual Property Litigation, as well as one of the publication’s top women attorneys (2013-2014).
In the trademark field, Nancy has substantial experience handling domestic and international clearance, filings, prosecution, portfolio management, and licensing. Her notable victories include recovering a generic domain that was “hijacked” from a client’s account by an anonymous overseas registrant, recovering the primary domain on the eve of a highly-publicized international merger, and recovering a potentially pejorative domain for a leading magazine in a hotly-contested case that received significant media coverage.
In the copyright field, Nancy advises clients regarding copyright validity, infringement, fair use, licensing and related issues. She also counsels clients with regard to copyright registration and assignment matters. She has drafted and negotiated advertising agreements and provided strategic advice regarding online distribution of musical performances, ringtones and other content. Nancy has also handled numerous copyright infringement cases, including proving “striking similarity” in a music trial.
In the software and technology fields, she handles transactions and litigation matters involving source code, hardware and online distribution issues. She represented a multi-billion dollar diversified technology leader in a lawsuit involving novel issues of database protection and data extraction and represented pre-eminent software companies in cutting-edge litigations involving circumvention of copyright protection technologies.
Nancy holds a J.D. from American University Washington College of Law and a B.A. from the University of Rochester.