Louis S. Ederer

Lou’s practice focuses on intellectual property law, covering the areas of trademark, copyright, and patent litigation, prosecution, and counseling. He has developed particular experience in the area of brand protection and enforcement, including anticounterfeiting matters, for prominent luxury goods and apparel companies. Lou is an experienced trial lawyer. During his over 40 years of practice, he has been involved in precedent-setting cases expanding protection for trade dress and design marks. Many of his litigations have resulted in multimillion-dollar judgments and settlements for his clients.

In addition to his litigation experience, Lou has managed the international trademark portfolios of many well-known brands in such diverse fields as alcoholic beverages, apparel, and cosmetics. In this capacity, he has assisted clients in selecting and clearing marks and creating and implementing trademark prosecution programs in the United States and around the world. He has also conducted and managed widespread trademark enforcement programs and overseen advertising campaigns and licensing programs.

In the copyright area, Lou has been involved in all aspects of protection and enforcement, including antipiracy matters, assisting clients in registering original works of authorship, drafting licenses, assignments, and publishing agreements, assisting clients with the acquisition and sale of software programs, and litigating infringement cases in the entertainment industry and matters relating to breaches of license agreements.

Lou has also been involved in all aspects of patent protection and enforcement, including assisting clients in clearing inventions for patent prosecution, conducting and maintaining worldwide patent filing programs, negotiating and drafting patent license agreements, and prosecuting and litigating patent infringement actions. Among others, he has assisted in the protection and enforcement of many patents involving consumer goods.

In conjunction with his intellectual property practice, Lou has developed extensive experience in liquor and food and beverage law. He has managed distributor relations programs for prominent suppliers of beverage alcohol products and has handled complex supplier-distributor termination litigations. He has also actively handled legal aspects of his clients' distribution, compliance, and advertising programs.

Lou also regularly advises on intellectual property issues as they relate to corporate and commercial transactions, and on licensing, distribution, fair trade, and competition issues. He has represented clients before state and government agencies, including numerous state liquor authorities, the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB), the U.S. Consumer Product Safety Commission, the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, and U.S. Customs and Border Protection.

He also has extensive experience in sports and entertainment law, having negotiated agreements with entertainers and professional athletes, venue leases, sponsorship agreements, management/operation agreements, and franchise agreements.

His litigation accomplishments have been recognized by The National Law Journal, The Wall Street Journal, The New York Law Journal, and Business Week. He has lectured on intellectual property issues before numerous bar and industry associations and is often quoted in the media on intellectual property issues. 

Honors & Recognitions

Chambers USA

Intellectual Property: Trademark, Copyright & Trade Secrets (New York) (2012 to present)

The Legal 500 US

Intellectual Property: Trademarks—Litigation (2011–2022)
Intellectual Property: Copyright (2011–2012, 2019)

World Trademark Review 1000

Enforcement and Litigation (NY) (2017 to present)
Prosecution and Strategy (NY) (2020 to present)

Managing Intellectual Property

"Notable Practitioner" (New York) (2023 to present)
"IP Star" (New York) (2013-2022)

New York Super Lawyers

Intellectual Property Litigation, Intellectual Property, Media and Advertising, Entertainment & Sports (2006–2008, 2013–2022)

World IP Review

"WIPR Leaders" (2017-2018, 2020)

Who's Who Legal

Trademarks (2014-2015)

Community & Professional Activities

• International Trademark Association: Member, Nontraditional Marks Subcommittee (2003 to 2025)
• American Bar Association: Member, Section on Intellectual Property Law (1992 to 2005)

• New York State Bar Association: Member, Intellectual Property Law Section (1992 to 2025); Member, Entertainment, Arts and Sports Law Section (1992 to 2025)

• Lawyers Alliance (leading New York-based pro bono organization): Member, Board of Advisors (2015 to 2025)

Experience

• Lou has handled a wide variety of intellectual property cases, including disputes involving copyright infringement, trademark infringement, unfair competition, false advertising, licensing disputes, trade secrets and patents, domain names and other Internet issues.
• Lou has represented notable brands, including Pernod Ricard, Gucci, Yves Saint Laurent, and Yurman Studio, among many others.
• Represented famous luxury brand owner in action against former family member, obtaining permanent injunction against use of the family name in virtually any kind of commercial enterprise. (Gucci America Inc. v. Gucci, 2009 WL 440463 (S.D.N.Y. 2009)).
• Represented luxury brand owner in action against major retailer and supplier in counterfeiting and trade dress infringement action involving sale of unauthorized fragrance products; obtaining preliminary and permanent injunction against the sale of counterfeit goods. (Yves Saint Laurent Parfums, S.A. v. Costco Wholesale Corp., 07 Civ. 3214 (LBS) (HBP), (S.D.N.Y. Nov. 7, 2007)).
• Represented world famous fashion and jewelry design houses in trademark, copyright, and trade dress infringement action against websites, resulting in entry of permanent injunction against use by defendants of clients' names, marks, and designs (Yurman Studio Inc. v. Elena Castaneda and Ejeweler LLC d/b/a Overstockjeweler.com, 591 F. Supp. 2d 471 (S.D.N.Y. 2008)).
• Represented prominent beverage alcohol supplier before the Trademark Trial and Appeal Board, successfully opposing registration of mark in precedent-setting decision finding "association confusion" between applicant's mark "Wild Geese" and one of client's most important brands, "Wild Turkey". Decision unanimously affirmed by the Federal Circuit. (Austin, Nichols & Co. Inc. v. Stichting Lodestar, Opposition No. 91155165).

Prior Employment

Arnold & Porter Kaye Scholer LLP  (2007 – 2024)

Torys LLP  (2003 – 2006)

Gursky & Ederer LLP (1998 – 2003)

Cowan, Liebowitz & Latman, P.C.  (1978 – 1985 and  1992 – 1998)

Buchman & O’Brien, LLP (1985 – 1991)