Amster Rothstein & Ebenstein LLP

WTR Research

The WTR 1000 focuses exclusively on trademark practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal trademark expertise.

Bronze - Firms: prosecution and strategy

Bronze - Firms: enforcement and litigation

Committed to its independent and boutique status – as it has been throughout its nearly 70 years of existence – Amster, Rothstein & Ebenstein continues to shine for those seeking a specialised offering. Agile, practical and cost effective, the ensemble has all the prosecution and advocacy skills and international trademark law knowledge that a brand owner could want. It also has Max Vern on deck, who garners glowing reviews year after year in the WTR 1000 research cycle. “Max can be counted on for rapid replies to any request and takes care of matters with speed and accuracy. His approach is above all pragmatic: he looks to keep costs down and is extremely well organised in following up. He’s very commercially astute, too.” His recent work cannot be disclosed, but it’s all high-level strategic stuff around valuable US and international portfolios.

Firm Profile

Amster Rothstein & Ebenstein LLP is a boutique New York City law firm focusing exclusively on representing a diverse array of clients in all areas of IP law both domestically and internationally since 1953.

We represent clients ranging from entrepreneurs and start-up ventures to domestic and multinational Fortune 500 companies across a wide spectrum of industries, as well as leading universities and teaching hospitals. We provide IP guidance that powers and protects businesses. Our knowledge and skilfulness include virtually every area of IP law, ensuring that we can find the ideal solution for any client.

The firm partners with clients to protect and maximise their intellectual property in a broad spectrum of industries such as financial services, blockchain, artificial intelligence, fashion and retail, life sciences, medical devices, toys, entertainment, housewares and consumer electronics.

What our work includes

  • Enforcing and defending patents, trademarks, copyright and other intellectual property in litigation and negotiations
  • Obtaining and registering patents, trademarks and copyright in the United States and around the world
  • Providing patentability, infringement and/or enforceability opinions and right-to-use analyses
  • Advising on proposed purchases of IP assets, including assessing the strength of the underlying assets, their reasonable valuation and how they fit into clients’ IP portfolios
  • Helping clients develop and monetise their innovations through intellectual property, including utility and design patents, copyright and trademarks
  • Advising clients on IP and technology-related transactions to ensure their IP strategy is fully integrated with their business and legal goals
  • Litigating when necessary – although our highly skilled attorneys are prepared to take each case through trial and appeal, our goal is to create a cost-effective approach that meets each client’s specific business needs

 What our lawyers handle

  • Alternative dispute resolution
  • Anti-counterfeiting
  • Copyright law
  • False advertising
  • International protection
  • IP litigation
  • International Trade Commission proceedings
  • Patent law
  • PTAB and post-issuance practice
  • Strategic counselling
  • Trade dress
  • Trade secret
  • Trademark law
  • Unfair competition

Our expertise in fields such as electronics, mechanics, chemistry, computers, biotechnology, physics and finance, matched by our understanding of our clients’ business needs, enables us to deploy the most appropriate match of skills and resources for our clients’ matters. We also like to think our firm is the right size: large and stable enough to make effective use of proven strategies and tools, but small and nimble enough to apply more flexible, creative approaches to issues, discovering new ways of contributing value to our clients’ IP portfolios.

Specialist practices

  • Our trademark practice encompasses the full panoply of what clients need to create, register, maintain, license and benefit from their trademark portfolio. Our focus on understanding our clients’ specific business needs and unique circumstances enables us to identify creative ‘win–win’ solutions. Whether counselling on mark viability, giving word or claim choice problem-avoidance guidance or highlighting materials in need of additional protection, our advice is designed to promote our clients’ business interests, protect brand asset value and preclude problems before they arise.
  • Clients rely on the specific knowledge of our registered patent attorneys to obtain patentability opinions, prepare and file US patent applications in all subject matters and disciplines, and render validity and infringement opinions. Our attorneys thoroughly grasp the science and technology behind each client’s ideas. All of the firm’s patent lawyers have science or engineering backgrounds and most have real-world experience in their respective discipline.
  • Our copyright attorneys guide clients through the intricate legal and business environments that affect copyright holders and those accused of violating another’s copyright. We analyse, assess and litigate complex copyright and related disputes, and our experience includes representations on both sides of the courtroom. We also counsel clients on copyright matters, and our knowledge of the copyright issues that matter most to judges and juries lends a unique perspective to the advice we give. We focus on protecting our clients’ rights and business interests and preventing problems before they arise. 
  • We work hard to obtain suitable protection tailored to our clients’ valuable financial services inventions, trading platforms, internet sites and e-commerce platforms. 

Because most of our lawyers have degrees in science or engineering, we have the strategic experience to understand and to protect our clients’ IP interests wherever they wish to assert them or wherever they are challenged, in an aggressive – yet focused and cost-effective – way.

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