Marc H. Trachtenberg focuses his practice on domain name, Internet, eCommerce, social media, marketing, advertising, promotions, trademark, copyright, and innovative technologies such as 3D printing. His clients also benefit from his varied experience as a former Director of Sales for an online advertising start-up venture and a software consultant, project manager, and sales engineer specializing in enterprise implementations of hosted software platforms.
Marc represents clients in matters involving promotion and protection of their intellectual property, both online and in the brick-and-mortar world. In this capacity, he advises clients and helps them implement comprehensive strategies to protect their intellectual property rights, identifies threats to their online brand presence, including through domain name and social media abuse, and aggressively enforces these rights on their behalf. He does this both informally through his large network of industry contacts and site-specific dispute policies, as well as formally via Uniform Dispute Resolution Policy (UDRP) complaints and litigation in federal and state court. Marc has helped recover thousands of domain names in his career, both in the United States and internationally, for clients of all sizes, ranging from small businesses to Fortune 1000 companies and professional sports leagues, athletes, and celebrities, including a portfolio of almost 800 cybersquatted domain names for a professional athlete. He also regularly assists clients of all sizes with the takedown and removal of infringing, offensive, or otherwise problematic content and product listings on websites, social media, mobile apps, and other platforms.
Marc has actively participated in the development of Internet policy and governance for more than 10 years, focusing on the protection of intellectual property online, and in particular with respect to new generic top-level domains (gTLDs). He helped obtain additional intellectual property protections for new gTLDs through the Intellectual Property Constituency of the Internet Corporation for Assigned Names and Numbers (ICANN) and also actively participated in the drafting and negotiation of Specification 13 of the new gTLD Registry Agreement, which recognizes ".brands" as a category of new gTLD. He has also advised numerous clients with regard to gTLD issues and assisted with numerous applications for new gTLDs, as well as filing and responding to objections to new gTLD applications.
Marc has represented and advised some of the world’s largest brand owners and advertising agencies regarding their advertising and promotional campaigns. He has provided counsel and helped clear numerous national and international advertisements and promotions, including a sweepstakes for a large software manufacturer that was successfully conducted in more than 30 countries and numerous television commercials shown during the “Big Game”. Marc also works on high-value sponsorship agreements on both the sponsor side and property side, including those involving celebrities, professional sports teams, landmarks, and internationally televised events.
Marc also advises clients and reviews, negotiates, and drafts agreements relating to the usage, licensing, and development of technology such as eCommerce platforms, software, and mobile apps.
Marc has broad experience providing guidance on the use of social media as it relates to advertising and marketing. He also reviews social media policies and guidelines, including employment-related issues. He has recovered numerous social media accounts from third parties for celebrities and brand owners. As an entrepreneur actively involved in several start-up ventures, Marc also developed a software application that monitors social media for unauthorized use of brands.
Marc is also very active in the area of 3D printing and other innovative technologies. He advises clients regarding the potential implications of such technologies on their intellectual property rights and business processes and regularly speaks on the topic, including for the International Trademark Association INTA), Asociación Interamericana de la Propiedad Intelectual (ASIPI), The Pharmaceutical Trademark Group (PTMG), The United States Patent and Trademark Office, and the Department of Homeland Security (DHS).
At a previous firm, Marc managed a unique law firm-run worldwide domain name registrar, which managed large domain name portfolios for some of the most well-known brands in the world. Based on his deep experience, Marc was asked to advise the Chinese government with regard to Internet products, phishing, and fraudulent domain registrar activity. Prior to practicing law, Marc was a software consultant and project manager who advised clients regarding enterprise-class software and web-based technology. He also worked as a software consultant and sales engineer for a firm that designed regulatory compliance software and application development for major pharmaceutical companies.