Margaret A. Esquenet

Of Counsel

Margaret Esquenet focuses on all aspects of copyright law. Her practice includes advising clients regarding registration, licensing, enforcement, rights-clearance, and litigation. She also counsels clients regarding DMCA compliance and website Terms of Use and Privacy Policy matters. Ms. Esquenet has worked on matters encompassing virtually all types of works of authorship, including paintings/drawings, fabric designs, sculptures, toys, product labels, books, architectural drawings, source code, databases, websites, online works, photographs, musical works, dramatic works, choreographic works, magazines, television shows, and motion pictures. She represents clients from a variety of fields, including consumer products, automotive, media, entertainment, software, telecommunications, business consulting, and pharmaceuticals.

In addition to her copyright practice, Ms. Esquenet has a strong background in domestic and foreign trademark prosecution, client counseling, and trademark litigation. She is also experienced in right-of-publicity and trade secret matters, including licensing and enforcement issues.

A skilled litigator, Ms. Esquenet has participated in all aspects of copyright, trademark, and trade secret litigation in numerous federal district court actions and subsequent appeals. She has also been actively involved in successful settlement negotiations, including mediation and arbitration proceedings.

Ms. Esquenet often presents to organizations and associations throughout the country. Over the past year, she has given a monthly presentation on copyright law and licensing to local small business owners and artists for the Washington Area Lawyers for the Arts. She also spoke to the American Institute of Architects on copyright and trade secret law for large architectural firms. Ms. Esquenet was recently featured on National Public Radio’s All Things Considered regarding copyright and right of publicity issues related to President Obama.

Highlights

• Successfully defended one of the country’s largest media companies against an accusation of copyright infringement.
• Litigated one of the first copyright infringement cases dealing with open source software.
• Acted as second chair in a Ninth Circuit appeal upholding the district court’s grant of summary judgment in favor of a large automobile manufacturer in a trademark dispute
• In a case of first impression, acted as second chair in a First Circuit appeal overturning a dismissal of an action for lack of jurisdiction.
  

Professional Activities

• Editorial Board, Journal of Intellectual Property Law & Practice
• Contributor, Copyright Chapter, Global Business Law (publication pending)
• Copyright Society of the United States of America
• American Intellectual Property Law Association
• International Trademark Association
  

Select Publications

• “U.S. Customs IP Seizures at Record Highs,” China IP News, June 2011.
• ""Identical or Near Identical" Not Requirement for Relief in Levi Jeans Dilution Case," BNA's World Intellectual Property Report, April 2011.
• Coauthor. "Define Your Terms: What Do the Phrases "Copyright Management Information" and "In Connection With" from Section 1202 of the Digital Millennium Copyright Act Mean?," Bloomberg Law Reports, March 7, 2011.
• "Federal Court Reverses District Court Decision Over 'Bratz' Trademarks and Copyrights," BNA International, Oct. 2010.
• "Use of Software License After Merger was an Unauthorized License Transfer and Copyright Infringement," Journal of Intellectual Property Law & Practice, March 2010.
• Coauthor. "Where There is a Reliance Party, Removing Works from the Public Doman Found Unconstitutional in the USA," Journal of Intellectual Property Law & Practice, Aug. 26, 2009.
• "U.S. Appeals Court Hands 'Priceless' Decision to Credit Card Companies," Journal of Intellectual Property Law & Practice, Jan. 2008.
• Coauthor. "Linking Rights to Sites," Copyright World, Dec. 2007.
• "Link to Live Webcast May Constitute Copyright Infringement," Journal of Intellectual Property Law & Practice, April 2007.
• "District Court Goes to Bat for Fantasy Baseball League," Journal of Intellectual Property Law & Practice, Feb. 2007.