Amy B. Goldsmith

Partner and Co-Chair of Intellectual Property Group

P 212.216.1135   F 212.216.8001
1350 Broadway
New York, NY 10018

 

Amy B. Goldsmith

Partner and Co-Chair of Intellectual Property Group

P 212.216.1135   F 212.216.8001   agoldsmith@tarterkrinsky.com

Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. As co-chair of the Intellectual Property Group at Tarter Krinsky & Drogin, Amy B. Goldsmith partners with clients to provide practical legal advice and connections to grow their businesses. A strategic advisor, she guides clients in all stages of their development from idea conception and protection, to funding, manufacturing and enforcement.

She will advise you whether your trademark is available in the United States and globally, if patents should be a part of your strategy, and if your design team’s new product shares too many features of the competition’s copyrighted bestseller. She will design contracts that make sense. Amy will also guide you through the clearance process, whether the subject matter is books, movies or live action. If a dispute is on the horizon, she will be by your side until a fair resolution is reached.

Amy protects the global interests of national and international clients in a wide variety of industries, including fashion, cosmetics, pet products, publishing, medical devices, exercise equipment, web-based business applications and telecommunications platforms, and consumer and designer goods.

She is a Vice President of the New York Women's Bar Association. She is also a member of the American Bar Association and the International Trademark Association (INTA) and is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy. Amy also was a speaker at and served on the Advisory Board for TedxTimesSquare.

Before joining Tarter Krinsky & Drogin, Amy was a partner at Gottlieb, Rackman & Reisman, P.C.

Representative Matters:

  • Lokai Holdings LLC in the acquisition of its patents, trademarks, and copyrights for its famous Lokai bracelet, including enforcing Lokai’s rights against counterfeiters in the federal courts and facilitating U.S. and international customs seizures
  • The Hartz Mountain Corporation, one of the world’s largest pet products companies, in global trademark and copyright matters and clearance of contests and sweepstakes

 

Community Involvement
  • Amy is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy.
  • Amy is a Merit Badge Counselor for the Boy Scouts of America, Troop 28, Croton on Hudson, NY.
  • Amy is a member of the Sailing Academy Committee at Shattemuc Yacht Club in Ossining, NY.
Education
  • Benjamin N. Cardozo School of Law, J.D. cum laude, 1985
  • Cornell University, B.S. 1982
Admissions
  • New York
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
Awards and Honors
  • 2013-2018 Super Lawyers
  • 2012 Award Winner FurtherEd
  • 2009 Best Off Broadway Presenter for Lawline
Community Involvement
  • Amy is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy.
  • Amy is a Merit Badge Counselor for the Boy Scouts of America, Troop 28, Croton on Hudson, NY.
  • Amy is a member of the Sailing Academy Committee at Shattemuc Yacht Club in Ossining, NY.
Memberships
  • Vice President of the New York Women's Bar Association
  • International Trademark Association
  • American Bar Association
  • Vistage
Articles
  • “Whose Line, Drawing Or Plan Is It Anyway?” Law360, 2016
  • “Brexit’s Impact on Intellectual Property Rights,” Inside Counsel, 2016
  • “Counterfeits, Knockoffs, Replicas: Parsing the Legal Implications,” Women’s Wear Daily, 2016
Speaking Engagements

Amy is a frequent lecturer on intellectual property topics for Lawline. Her recent presentations include:

  • 3D Printing: The Newest Dimension in IP Protection
  • No Good Idea Goes Unpunished: IP Protection in the World of Retail
  • Marketing Through Celebrities - Publicity Rights, Product Placement and Endorsement
  • Patent Design Strategy and the New Hague Agreement for Designs

Amy also spoke about the Legal Limits of Openness at the inaugural TedxTimesSquare event on April 10, 2013.

What I do when I'm not practicing law:
When I’m not practicing law, I help sail our 32 foot Cape Dory Loonsong, hike, swim, read and watch science fiction (favorite character: Star Trek Voyager’s Captain Kathryn Janeway), and spend time with my husband and three sons.

  • Advertising Week

    As the world’s premier gathering of marketing and communications leaders, Advertising Week is a hybrid of inspiring thought leadership and highly entertaining and engaging special events, featuring the industry’s best and brightest. Drawing from the brand, agency, technology, startup, media and broader cultural communities, Advertising Week is designed to move the needle on key industry challenges and influence the global industry.

  • Grandma Press

    Driven by her lifelong commitment to education, Dr. Marie Amoruso decided to explore the impact of the controversial “Common Core” standardized curricula and tests that are used to assess K-12 student achievement. She filmed interviews with an array of parents, administrators, teachers and professors to create the documentary “More…than a score.” Dr. Amoruso needed assistance to make her film project take flight and reach her audiences.

  • The Hartz Mountain Corporation

    The Hartz Mountain Corporation is one of the world’s largest manufacturers and sellers of pet products, sold through over 40,000 brick and mortar retailers in the US and Canada as well as online. With over 1,500 pet care products, its business success significantly depends on creating differentiated product lines, immediately recognizable brands and a strategic plan to minimize conflicts with competitors.

News

Events

  • Amy Goldsmith Authors Lawline Blog Post on IPoems, Patent Law Edition

    Intellectual Property co-chair Amy Goldsmith authored a Lawline blog post, “IPoems, Patent Law Edition.” The blog post contains poems written by Amy that are designed to break down complex terms of patent law to make them easier to digest. Amy states, “If a picture is worth a thousand words, an informative limerick might be worth an entire law review article.” She goes on to share her original poems on patent law and gives correlating explanations for each.

  • Amy Goldsmith Authors IP Watchdog Article on the Music Modernization Act of 2018

    Intellectual Property co-chair Amy Goldsmith wrote an article that was featured in IP Watchdog on “Musically Inclined: The Music Modernization Act of 2018.” In the article, Amy explores the recent disputes between Flo & Eddie, the owner of pre-1972 musical recordings, and Sirius XM, which publicly performed those recordings, regarding whether common law or statutory copyrights existed and if so, what level of compensation was due.

  • California Leads the Way with a New Data Privacy Law

    On June 28, the California legislature passed the California Consumer Privacy Act, the toughest data privacy law in the country. The law, which will take effect in 2020, imposes new requirements on businesses in an approach similar to the recently passed European General Data Protection Regulation (GDPR). It aims to put ownership and control of personal information back in the hands of consumers, and to hold businesses accountable for any data security breaches.

  • Supreme Court Says Remote Taxation Is Permitted: Online Sellers Must Collect State Taxes

    In a closely watched case involving South Dakota’s 2016 law requiring the collection of state sales tax by out of state retailers who have no physical presence in the state, in a 5 to 4 decision, the Supreme Court yesterday decided to overturn two of its older decisions prohibiting the practice in South Dakota v. Wayfair, Inc. No. 17-494. Many states have been waiting for this decision and are likely to pass their own remote taxation laws, and online sellers will then need to collect and remit tax to each such state.

  • Preparing for GDPR: Steps to Take Today

    The European Union has enacted a new General Data Protection Regulation (GDPR) that will take effect on May 25, 2018 regarding how businesses, wherever they are located around the world, must manage the personal data of European "data subjects."

  • Amy Goldsmith Authors Intellectual Property Poems for the New York State Bar Association’s Corporate Counsel Publication

    Intellectual Property co-chair Amy Goldsmith wrote “IPoems: Lessons from the World of Intellectual Property” for Inside, a publication of the corporate counsel section of the New York State Bar Association.

  • U.S. Supreme Court Seriously Limits Forum Shopping for Patent Litigation in Unanimous Decision

    For close to 30 years, patent owners have been able to strategically select the best location for a patent litigation, assuming that the defendant sold the contested product in that location. Popular courts include the Eastern District of Texas and the Eastern District of Virginia. But not anymore... Last week, in a unanimous decision, the U.S. Supreme Court narrowed the possible venues for bringing patent infringement suits, holding that a defendant can be sued only as a "resident" of its state of incorporation, not in any state where it sells products. TC Heartland LLC v. Kraft Foods.

  • Preserving the DMCA Safe Harbor - Why You Should Register Your DMCA Agent Now

    The Digital Millennium Copyright Act (DMCA) established a safe harbor for online service providers (OSPs) which benefits any website that contains content from third parties.

  • What You Need to Know About "Unofficial" Solicitations of Advertisements, Registration and Customs Recordals

    An increasing number of our clients have received letters from companies that appear to be government agencies with names such as "U.S. Trademark Registry," "U.S. Trademark Registration Office" and "Registration & Monitoring Division."

  • Brexit and IP Rights

    On June 23rd, the UK voted to leave the European Union (Brexit).

  • New Challenge for Restaurant Owners: Obtaining Federal Trademark Registration for a Single Location

    An interesting decision was recently issued by the Trademark Trial and Appeal Board rejecting a trademark application for pizza in connection with a single location restaurant.

  • Legal Alert: A New System For International Design Protection

    Design patents continue to grow in importance for many industries. If your company designs tangible products or packages, there is a new, efficient way to seek international protection for design features.

  • Legal Alert: .SUCKS is Here: Can Your Brand Be Protected?

    With the goal of fostering public commentary, the new domain name .SUCKS was approved by ICANN. Despite objections from some in the IP community, the sunrise period for .SUCKS is now open; it runs until May 29th.

  • Legal Alert: Alice Corp. v. CLS Bank's Effect on Business Method Patents

    The patent landscape has changed regarding business method patents.
    In the summer of 2014, the Supreme Court issued a decision in Alice Corp. v. CLS Bank which invalidated certain business method patents related to finance. The basis for the invalidation was that the patents covered an abstract idea not eligible for patent protection.

  • Beware of the Boilerplate Series: "Defend, Indemnify and Hold Harmless"

    Many agreements include an indemnification clause typically using language like this: “Party A will defend, indemnify and hold harmless all claims, losses and damages against Party B related to its use of the Technology.”

  • Beware of the Boilerplate Series: Defining Confidential Information

    In Non-Disclosure Agreements, there is often boilerplate language that includes trade secrets in the definition of “Confidential Information.” This seemingly innocuous language can lead to problems for the owner of the trade secrets.

  • Beware of the Boilerplate Series: Limitation of Liability

    Be wary of giving up your rights for "lost profits." In most jurisdictions, there are two types of "lost profits": (1) those arising from general damages (recovery of money that a party agreed to pay under a contract); and (2) those arising from consequential damages (recovery of money lost based on other business arrangements). The first is generally easier to prove, but often a party in breach can be reasonably expected to pay the second.

  • Beware the Boilerplate Series: Always Define the Meaning of "Intellectual Property"

    Clearly define the grant provisions of all of your IP contracts. If you want to transfer or receive "intellectual property" or "technology," ensure that these terms are well defined and unambiguous. Definitions matter! By making the contract terms clear, you can potentially reduce (or eliminate entirely) future litigation costs.

Education
  • Benjamin N. Cardozo School of Law, J.D. cum laude, 1985
  • Cornell University, B.S. 1982
Admissions
  • New York
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
Awards and Honors
  • 2013-2018 Super Lawyers
  • 2012 Award Winner FurtherEd
  • 2009 Best Off Broadway Presenter for Lawline
Memberships
  • Vice President of the New York Women's Bar Association
  • International Trademark Association
  • American Bar Association
  • Vistage
Articles
  • “Whose Line, Drawing Or Plan Is It Anyway?” Law360, 2016
  • “Brexit’s Impact on Intellectual Property Rights,” Inside Counsel, 2016
  • “Counterfeits, Knockoffs, Replicas: Parsing the Legal Implications,” Women’s Wear Daily, 2016
Speaking Engagements

Amy is a frequent lecturer on intellectual property topics for Lawline. Her recent presentations include:

  • 3D Printing: The Newest Dimension in IP Protection
  • No Good Idea Goes Unpunished: IP Protection in the World of Retail
  • Marketing Through Celebrities - Publicity Rights, Product Placement and Endorsement
  • Patent Design Strategy and the New Hague Agreement for Designs

Amy also spoke about the Legal Limits of Openness at the inaugural TedxTimesSquare event on April 10, 2013.


Amy Goldsmith

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