Amster Rothstein & Ebenstein, LLP - Intellectual Property Law
Neil M. Zipkin
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212 336 8001
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Representative Industries
Neil M. Zipkin has successfully been serving clients in all areas of intellectual property law for more than 30 years. His practice includes assisting clients in obtaining and enforcing patents, trademarks and copyrights, negotiating various agreements including complex licenses, non-disclosure agreements and employment agreements. He also devotes a substantial amount of his practice to counseling clients on strategies for using intellectual property rights to enhance their commercial positions as well as counseling clients on avoiding violating the intellectual property rights of others. Mr. Zipkin acts as counsel to general law firms that do not have in-house expertise in the intellectual property field.
He received a Bachelor’s Degree in mechanical engineering from Rensselear Polytechnic Institute and a Master of Science in operations research. After spending a few years in industry, he returned to school and earned his law degree from St. Johns University. At St. Johns, he was on the Law Review and served as Associate Notes Editor. While a student, he was awarded the prestigious APLA Robert C. Watson Award.
Mr. Zipkin has worked on a wide-variety of issues for clients in such diverse fields as heavy manufacturing, consumer electronics, printing, food processing, decorative lighting, clothing, dental products and processes, toys including in particular stuffed toys and sound and music generating toys, chinaware and flatware, technical fabrics, boat hull designs, parachutes and home décor items. He has also represented clothing designers and manufacturers, retailers and various trade and specialty organizations such as a sport horse association, a labor union and several not-for-profit organizations.
He has litigated patent, trademark and copyright cases in federal courts throughout the United States and in state courts in New York and New Jersey and has been involved in arbitrations and mediations on behalf of clients. Mr. Zipkin has represented clients before various governmental agencies including obtaining protection against importation of goods bearing counterfeit trademarks or copyrights by U.S. Customs and Boarder Protection.
Recognizing that most litigations in the intellectual property area are resolved by settlement, Mr. Zipkin recently became certified as a mediator in order to better represent clients in such area.
Published Works
- "Infringement and Assembly Abroad," 47 St. Johns L.Rev. 662 (1973)
Certification/Specialties
- Certified Mediator, International Institute for Conflict Prevention and Resolution, 2006
- Registered Patent Attorney, United States Patent and Trademark Office, 1974
Bar Admissions
- U.S. Court of Appeals for the Federal Circuit 1990
- U.S. Court of Appeals for the Second Circuit, 1989
- U.S. District Courts for the Southern and Eastern Districts of New York, 1974
- New York, 1974
Education
- St. John's University School of Law, Queens, New York, 1973, J.D.
- St. John's University Law Review 1971-73, Associate Notes Editor, 1972-1973
- Long Island University, Greenvale, New York, 1970, M.S., Management Engineering/Operations Research
- Rensselaer Polytechnic Institute, Troy, New York, 1967, BME, Mechanical Engineering
Professional Associations & Memberships
- American Bar Association, Intellectual Property, Litigation Sections
- New York State Bar Association, Nassau County Bar Association
- Nassau County Bar Association
Professional Experience
- Hazeltine Electronics, Mechanical Engineer, 1967-1970
Awards & Honors
- Robert C. Watson Award of the AIPLA (formerly known as the APLA) for patent literature, 1974
Representative Cases
- Sienna LLC v. CVS Corp. and Everstar Merchandise Co., Ltd., 2007 U.S. Dist. LEXIS 2 (Jan. 3, 2007). Represented Sienna in patent infringement action against competitor and customer. Sienna granted summary judgment of patent infringement and defendants consented to a permanent injunction.
- Dan-Dee International, Ltd. v. Atico et al. (EDNY 2003). Represented plaintiff copyright owner in action charging defendants with infringement; case settled with defendants discontinuing sale of product and paying damages.
- Knitwaves Inc. v. Lollytogs Ltd., 71 F.3d 996 (2d Cir. 1995. Represented successful plaintiff in copyright infringement action relating to designs on wearing apparel. Defendant enjoined and recovery of damages and counsel fees awarded to client.
- Matsushita Electric Industrial Co. Inc. v. Solar Sound, 381 F.Supp. 64 (SDNY 1974). Represented successful plaintiff in unfair competition action establishing that use in commerce satisfied by defendant's use of deceptive trade dress.
- Cellco Partnership v. Communication Workers of America. 2003 U.S. Dist. LEXIS 26823 (DNJ 2003). Represented defendant Union charged with trademark infringement based on use of “Can You Hear Us Now?”; defendant’s motion to dismiss granted.
- Western Publishing v. Rose Art (DNJ). Represented plaintiff Western Publishing (Golden Books) in litigation charging patent, trademark and copyright infringement and trade dress violation; case settled with defendant removing product from market.
- Ivy Hill (Time Warner) v. Geraldi Design (SDNY). Represented plaintiff in trade secret case; case settled defendant discontinued conduct.
Representative Clients
- Altech Co., Ltd.
- Bowne & Co., Inc.
- Ivoclar-Vivadent
- KidDesigns, Inc.
- Matsushita Electric Industrial Co., Ltd.
- Rainforest, Inc.
- Rizza Foods
- Sango Corp.
- Sienna LLC.
- Stanley Blacker, Inc.
- SYMS
- Time Inc.
- Time-Warner
- SDI Technologies, Inc.
- World of Golf
- XMI Corporation