• Entertainment Law
  • Internet/Technology
  • Intellectual Property
  • Litigation
    		•   Paul M. Fakler
    Partner

    pfakler@mosessinger.com
    T: (212) 554-7632
    F: (917) 206-4336

    Mr. Fakler's practice focuses on litigation and counseling, primarily in the fields of copyright, trademark, entertainment and computer/Internet law. He has represented clients with respect to numerous high-profile intellectual property cases, including:

    • representing First Niagara Insurance Brokers in $530 million trademark infringement action against First Niagara Financial Group;
    • representing Bill Graham Archives LLC with respect to various copyright, trademark, right of publicity and other intellectual property disputes relating to the operation of its Wolfgang's Vault website and exploitation of its rights to a large collection of sound recordings, poster art and vintage rock and roll memorabilia;
    • representing music publisher Bourne Co. in a copyright infringement action against the creators of The Family Guy animated television program, arising out of the defendants' unauthorized use of the classic song "When You Wish Upon a Star;"
    • representing Music Choice in a copyright royalty rate-setting proceeding before the Copyright Royalty Board. Case settled during trial;
    • defending the MP3.com music service in various copyright infringement lawsuits;
    • winning an appeal in the Seventh Circuit on the fair use defense for Publications International, Ltd. in a case brought by the makers of Beanie Babies plush toys arising out of the publication of a Beanie Babies collector's guide;
    • defending Yahoo! in a copyright case brought by the recording industry in relation to the LaunchCast webcasting service;
    • obtaining a preliminary injunction, affirmed on appeal, for domain name registrar Register.com, stopping the defendant from harvesting customer data from Register.com's website;
    • obtaining subpoenas to trace identity of defendants who had posted defamatory statements about an individual client;
    • representing a religious organization in a trademark action relating to the unauthorized use of the client's trademark in a third-level domain name;
    • defeating preliminary injunction action brought by comedian Jackie Mason against a religious organization relating to the use of Mr. Mason's name and likeness in a parody on a religious tract; and
    • representing Caesar's World, Inc. in one of the first in rem cases brought under the Anticybersquatting Consumer Protection Act.
    Mr. Fakler has also handled many intellectual property-intensive transactions, from motion picture distribution agreements to the intellectual property components of multimillion dollar mergers and acquisitions. He routinely provides audits of clients' intellectual property rights and develops strategies for the development and protection of clients' intellectual property assets and portfolios. Mr. Fakler counsels clients with respect to copyright, trademark, right of publicity, entertainment, computer and Internet law issues in diverse industries, including the music publishing, music recording, motion picture, publishing, software development and Internet industries.

    Mr. Fakler was elected to the Executive Committee of the New York State Bar Association Intellectual Property Law Section, where he currently serves as Treasurer. He frequently lectures on issues related to copyright, entertainment and Internet law, and has appeared on television and in the press, commenting on cutting-edge intellectual property issues.

    Prior to attending law school, Mr. Fakler worked in the multimedia software development field and taught English composition and film studies at the University of Florida. Mr. Fakler's undergraduate training was in philosophy, with an emphasis on continental and post-structuralist philosophy. He pursued graduate studies in literature and film studies, focusing his research on the impact of electronic forms of communication on human cognition. He is a recovering musician and an inveterate film fanatic.

    EDUCATION
  • Georgetown University Law Center, J.D., cum laude, 1998, Dean's List
  • University of Florida, B.A., with honors, 1993, Philosophy, Phi Kappa Phi, Dean's List

    ARTICLES
  • "Protecting Online Databases From Robotic Attack," Global Intellectual Property Asset Management Report (www.wtexecutive.com), November 2004.

    PROFESSIONAL AFFILIATIONS
  • Member, The Copyright Society of the U.S.A.
  • Member, International Trademark Association
  • New York State Bar Association: Vice-Chair, Executive Committee of Intellectual Property Law Section; Member, Copyright Committee; Member, Entertainment, Arts and Sports Law Section

    BAR/COURT ADMISSIONS
  • U.S. Supreme Court
  • U.S. Court of Appeals, Second, Sixth, Seventh, Eleventh, District of Columbia and Federal Circuits
  • U.S. District Court, Eastern, Southern and Western Districts of New York
  • New York

    PRESENTATIONS
  • New York State Bar Association Intellectual Property Law Section Annual and Fall Meetings, 2003, 2004, 2005, and 2007
  • The Copyright Office Comes to New York, Co-Chair, 2004-2007
  • "The Entertainment Industry in the Post-Napster Era," Columbia University Law School, March 2001