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- Website: http://www.mccarter.com
Partner at McCarter & English LLP
Margarita Wallach is co-leader of the trademark group and office managing partner of McCarter & English’s New York office.
Ms Wallach counsels clients in the creation, development and protection of their intellectual property. She litigates trademark, trade dress, unfair competition, anti-counterfeiting and copyright infringement cases in the federal courts. Ms Wallach worked on the successful appeal of a seminal case involving a famous colour trademark in the apparel industry. She has also litigated trademark infringement and unfair competition cases involving food and beverage products, cosmetics, fine jewellery, designer apparel and perfume. She successfully litigated an anti-counterfeiting case against a ring of fine jewellery counterfeiters resulting in judgments of over $30 million in favour of the jewellery manufacturer.
Her practice is focused on consumer brand development. She represents small to mid-sized consumer product companies that have grown to become among the most successful consumer product companies owning world-famous brands. Ms Wallach has long-established relationships in the food, beverage and fashion industries with investors, manufacturers, distributors, marketing companies and other advisers, which can be a great asset to her clients.
Ms Wallach represents leading consumer products companies in advertising and digital media matters. She drafts advertising agency agreements and conducts legal compliance reviews of advertising campaigns. Ms Wallach defends clients from false advertising and unfair competition claims.
She prosecutes and maintains international trademark portfolios and implements global protection strategies to stop the manufacture and distribution of counterfeit products. Ms Wallach assists clients in investigating and seizing counterfeit products illicitly manufactured by counterfeiters. Through registration of trademarks with local customs offices and close cooperation with government officers, counterfeit products are seized and ultimately destroyed, ensuring clients’ brand equity is protected. She assists clients on best practices to prevent the counterfeiting and the importation of grey goods.
Ms Wallach negotiates and implements international IP licensing programmes and a variety of agreements such as advertising, marketing, manufacturing and distribution agreements.