
Advertising, Marketing & Promotions; Intellectual Property; Technology, Digital Media & Privacy
mluria@dglaw.com
V-CARD mluria@dglaw.com
Mary M. Luria is a partner in the Intellectual Property; Technology, Digital Media & Privacy; and Advertising, Marketing & Promotions Practice Groups of Davis & Gilbert. She practices broadly in the intellectual property area and advises on copyright, trademark, trade secret and patent matters for a wide range of clients. In addition to basic issues of securing appropriate protection for intellectual property, she drafts and reviews complex intellectual property contracts, ranging from acquisitions and dispositions to publishing and licensing contracts in industries as diverse a books, periodicals, videos, software, photography, graphic and fine art, toys and games, hospitality industry, apparel and fabric, Interior design products such as fabrics, rugs, wallpaper, and furniture. Moreover, in all areas she has represented both sides of typical transactions so that she understands the views and positions of both parties. As a complement to this practice, she also advises on privacy, publicity and obscenity, as well as libel and false light issues. Ms. Luria has extensive experience in the computer industry. She has negotiated computer contracts for over 25 years, from early business and reference databases to recent electronic applications.
Ms. Luria's primary areas of expertise are set forth in detail below:
Trademarks: In addition to clearing, registering and licensing trademarks and service marks for publishers and their products, Ms. Luria has drafted and negotiated complex trademark licenses for apparel, interior design and other consumer goods, within the USA and in international transactions with particular emphasis on the Pacific Rim and EEC. She has dealt with the use of trademarks as security for loans and in trademark securitizations. Ms. Luria also has extensive experience with certification marks held by trade associations. Her Internet practice includes securing, transferring, protecting and enforcing rights in domain names where trademark rights are involved and advising on the use of metatags and search engines to direct Internet traffic.
Copyright: Ms. Luria experience includes acquisitions and dispositions of copyright assets and using such assets as security devices for loans. For a broad range of products, including books (principally reference books), photographs, films, software and databases, toys and games, CD-ROMS and other electronic properties, she has acted as counsel for licensor and licensee, as well as advising on securing copyright protection and fair use of third party copyright materials. Ms. Luria has prepared and negotiated contracts with independent contractors, ranging from packagers to editors and authors, as well as photographers, illustrators and software developers. For groups of photographers, she has negotiated complex stock agency agreements and licenses for illustrated books with Getty, Corbis and National Geographic. Ms. Luria has also negotiated a range of joint ventures, strategic alliances, co-publishing arrangements, distributorships and sales representative relationships for these products, both within the USA and in international transactions.
Patents: Ms. Luria has negotiated complex drug licenses (usually involving patent and trade secret licenses accompanied by trademark licenses), as well as leases of cell lines; and worked on the contract package for the USA of the diet drug Redux® on behalf of one of France's largest private drug companies. Her practice also involves advising on and licensing patents for furniture, furnishings, jewelry and accessories, as well as software and electronic business methods.
Trade Secrets: Ms. Luria's experience includes protection and licensing of valuable technology protectable only (or partly) as a trade secret, including computer software, flavors and fragrances. She has drafted and negotiated contracts with employees and independent contractors, licensees and escrow agents in this area.
Franchising: On behalf of high end consumer goods licensors and manufacturer/distributors, and a wide range of services industry providers. Mary has advised on franchise law compliance in creating new franchise networks, terminating franchisees, repurchasing franchisees, regulatory compliance and related issues, both domestic and international transactions.
Antitrust: Ms. Luria advises clients on an array of antitrust issues, from information exchanges to the pricing and distribution of products and services. Clients include trade associations involved in administering product certification programs (including Woolmark® for the wool grower industry) and standards making organizations in the advertising mechanical and electrical industries. Ms. Luria's practice focuses on the interface between intellectual property and antitrust (e.g. in licensing and franchising); her experience includes price fixing, price discrimination and collective boycotts in product and service areas as well.
Prior to joining Davis & Gilbert LLP, Ms. Luria was a partner of the New York City law firms of Satterlee & Stephens and Patterson, Belknap, Webb & Tyler.
REPRESENTATIVE ENGAGEMENTS
- Represented media companies in foreign licensing and in product extension licensing of restaurants, bars, music venues, hotels and casinos.
- Represented developer of online space for teenagers with licenses for spin-off products such as book series and merchandise.
- Represented major interior and product designers in private client projects for wealthy individuals and the hospitality industry and in licensing of home and industrial products, particularly environmentally friendly projects.
- Represented parties involved in strategic alliances in arts and entertainment, as well as advertising and public relations.
- Represented advertising agencies and their officers in major book publishing and TV documentary projects focusing on their creative work.
PUBLICATIONS
Author, "Business Books and Brand Building Rights and Permissions," D&G Advertising, Marketing & Promotions Alert, April 2013
Co-Author, “Do These Pants Make Me Look Green?,” Green Biz, November 4, 2008
Co-Author, “Copyright Registration And Damages For Infringement Of Photographs,” Intellectual Property & Technology Law Journal, April 2005
Author, “Patent/Antitrust Issues for Trade Associations,” American Intellectual Property Law Association, May 2005
Co-Author, “Corporate Liability For Online File Sharing,” The Metropolitan Corporate Counsel, November 2003
PRESS
Quoted, MSNBC.com: The Redtape Chronicles, "That famous space shuttle photo: When is sharing stealing?" by Bob Sullivan, May 23, 2011
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
American Bar Association
New York State Bar Association
New York City Bar Association
American Intellectual Property Law Association
Copyright Society
New York Academy of Sciences (The Annals), Board Member
Mercantile Library, Board Member
Bideawee Association, Board Member and Chairperson
BAR ADMISSIONS
New York
EDUCATION
Yale Law School, J.D., 1967
Radcliffe College, B.A., magna cum laude, 1964
REPRESENTATIVE ENGAGEMENTS
- Represented media companies in foreign licensing and in product extension licensing of restaurants, bars, music venues, hotels and casinos.
- Represented developer of online space for teenagers with licenses for spin-off products such as book series and merchandise.
- Represented major interior and product designers in private client projects for wealthy individuals and the hospitality industry and in licensing of home and industrial products, particularly environmentally friendly projects.
- Represented parties involved in strategic alliances in arts and entertainment, as well as advertising and public relations.
- Represented advertising agencies and their officers in major book publishing and TV documentary projects focusing on their creative work.
PUBLICATIONS
Author, "Business Books and Brand Building Rights and Permissions," D&G Advertising, Marketing & Promotions Alert, April 2013
Co-Author, “Do These Pants Make Me Look Green?,” Green Biz, November 4, 2008
Co-Author, “Copyright Registration And Damages For Infringement Of Photographs,” Intellectual Property & Technology Law Journal, April 2005
Author, “Patent/Antitrust Issues for Trade Associations,” American Intellectual Property Law Association, May 2005
Co-Author, “Corporate Liability For Online File Sharing,” The Metropolitan Corporate Counsel, November 2003
PRESS
Quoted, MSNBC.com: The Redtape Chronicles, "That famous space shuttle photo: When is sharing stealing?" by Bob Sullivan, May 23, 2011
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
American Bar Association
New York State Bar Association
New York City Bar Association
American Intellectual Property Law Association
Copyright Society
New York Academy of Sciences (The Annals), Board Member
Mercantile Library, Board Member
Bideawee Association, Board Member and Chairperson
BAR ADMISSIONS
New York
EDUCATION
Yale Law School, J.D., 1967
Radcliffe College, B.A., magna cum laude, 1964
