Todd Anten’s practice focuses on high-stakes complex commercial litigation and intellectual property disputes, including copyright infringement, trademark infringement, trade secret misappropriation, false advertising, cybersquatting, “hot news” misappropriation, defamation, and rights of publicity, as well as general contract, antitrust, and Alien Tort Statute disputes.
Todd has tried and argued cases in state and federal courts, as well as before the Trademark Trial and Appeal Board. He recently secured a complete victory for Vimeo in actions brought by music labels—which asserted hundreds of claims of copyright infringement based on the presence of music in user-generated videos—on safe-harbor grounds under the Digital Millennium Copyright Act. He has represented major brands in connection with copyright and trademark litigation across the country, including Gucci, the U.S. Soccer Foundation and the Andy Warhol Foundation. He also represented the NFL and its member clubs in trademark and copyright disputes over team names and logos, Bell + Howell in a class action fraud case, IBM in connection with a contract dispute, and Cisco Systems in multiple Alien Tort Statute actions.
As a member of the firm’s Appellate Group, Todd represented Frederick Allen and Nautilus Productions in the U.S. Supreme Court in Allen v. Cooper, arguing that Congress’s passage of an act allowing copyright holders to sue States for infringement does not violate the Eleventh Amendment. Todd helped achieve a 9-0 victory before the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013), which restricted the extraterritorial scope of the Alien Tort Statute. He has also represented multiple clients before the Supreme Court and Courts of Appeals on a variety of other matters, including the First Amendment, copyright and trademark issues.
Todd is active in the firm’s pro bono practice. He is representing a client in New Jersey federal court, challenging the denial of health-related services based on sex and gender-identity discrimination. He recently represented over 200 major companies on a U.S. Supreme Court amicus brief filed in Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020), arguing that sexual-orientation and gender-identity workplace discrimination violates Title VII of the Civil Rights Act. He also represented the Leadership Conference on Civil and Human Rights and 29 other organizations on a U.S. Supreme Court amicus brief filed in Fulton v. City of Philadelphia, No. 19-123, arguing that the application of anti-discrimination provisions in public government contracts with private entities does not violate the First Amendment. He previously represented a client in the U.S. Supreme Court challenging a discriminatory federal statute that imposes different, sex-discriminatory restrictions on the children of unmarried fathers than it does on the children of unmarried mothers, which resulted in a decision finding that the statute violated the 14th Amendment, Lynch v. Morales-Santana, 137 S. Ct. 1678 (2017).
Todd has provided testimony before the U.S. Copyright Office, and is a frequent public speaker on copyright, trademark, and Title VII matters. Todd has been named a recommended lawyer by Legal 500 in the fields of copyright and trademark litigation in 2015-2019; a “Next Generation” Lawyer by Legal 500 in the practice area Intellectual Property: Copyright in 2018-2019, and a New York Metro “Rising Star” by Super Lawyers in 2014-2017.
- National Football League and its member clubs
- Horror, Inc.
- Bell + Howell
- Tommy John
- IMS Health
- Legal & General
- Deckers Outdoor Corp.
- The Richard Avedon Foundation
- Representing TVEyes, Inc., an online media-monitoring service, in a copyright and “hot news” misappropriation dispute brought by Fox News Network. Secured a summary judgment victory for TVEyes on fair use grounds in what The Hollywood Reporter proclaimed to be a “landmark” court ruling.
- Representing video-sharing website Vimeo.com in actions brought by music labels alleging hundreds of claims of copyright infringement of sound recordings and musical compositions based on the presence of music in user-generated videos, with Vimeo asserting a safe-harbor defense under the Digital Millennium Copyright Act. Secured a summary judgment victory for Vimeo in the district court, and secured a complete, precedent-setting victory in the Second Circuit on all grounds.
- Representing Pro-Football, Inc., owner of the trademarks for the Washington Redskins, in an ongoing dispute seeking cancellation of the team’s trademark registrations on disparagement grounds.
- Representing Cisco Systems, Inc. in a copyright action it brought against Arista Networks, Inc., alleging that Arista infringed Cisco’s copyright in its command-line user interfaces for network switches and routers.
- Representing Cisco Systems, Inc. in two Alien Tort Statute litigations arising out of alleged acts that occurred in China, resulting in successful motions to dismiss.
- Representing before the U.S. Supreme Court a pro bono client challenging a federal statute that imposes different, sex-discriminatory birthright citizenship restrictions on children of unmarried citizen fathers than it does on children of unmarried citizen mothers (Lynch v. Morales-Santana).
- Represented the NFL and the Baltimore Ravens in a series of copyright disputes over the Ravens’ inaugural team logo, used in 1996-1998. Recently obtained a unanimous decision by the Fourth Circuit dismissing claims of copyright infringement regarding the appearance of the inaugural logo in certain historical documentaries and photo displays on fair use grounds.
- Represented Shell Oil in the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum, where we obtained 9-0 decision holding that the Alien Tort Statute does not extend to alleged conduct committed on foreign soil.
- Represented Coca-Cola in the U.S. Supreme Court in POM Wonderful LLC v. Coca-Cola Co., a case involving whether Lanham Act false advertising claims are preempted by the Food & Drug Act.
- Represented online travel agencies operated through Despegar.com in action against American Airlines alleging antitrust violations and defamation, and defending the agencies against various trademark claims.
- Represented healthcare database company IMS Health in a trademark litigation, where it sought to protect its trademark “OneKey” against a competing service’s use of the trademark “OpenKey.”
- Represented the Richard Avedon Foundation in a dispute over the ownership of the copyright in thousands of photographs taken by the esteemed photographer Richard Avedon.
- Represented J.T. Colby & Co. in a trademark action, alleging that Apple’s use of the “IBOOKS” designation causes reverse confusion with J.T. Colby’s own “IBOOKS” imprint.
- Represented designer of mixed martial arts clothing line, “Clinch Gear,” in trademark challenge brought by western-wear designer using designation “Cinch.”
- Represented Deckers Outdoor Corporation in various trademark matters, including protection of Deckers’ famous “Uggs” trademark and the trade dress of its footwear designs.
- Represented Google and Twitter on an amicus brief, filed in the Second Circuit in Barclays Capital v. TheFlyOnTheWall.com, addressing the intersection of copyright law and “hot news” misappropriation.
- Columbia Law School
- Harlan Fiske Stone Scholar
- Harlan Fiske Stone Moot Court Honor Competition:
- Annenberg School for Communication, University of Pennsylvania
(M.A., Communication Research, 1998)
- University of Pennsylvania
(B.A., Communication, 1996)
- The State Bar of New York
- United States Supreme Court
- United States Court of Appeals:
- Second Circuit
- Third Circuit
- Fourth Circuit
- Seventh Circuit
- Ninth Circuit
- Tenth Circuit
- Federal Circuit
- United States District Courts:
- Southern District of New York
- Eastern District of New York
- Law Clerk to the Hon. Victor Marrero:
- United States District Court for the Southern District of New York, 2008-2009
- “Self-Disparaging Trademarks and Social Change: Factoring the Reappropriation of Slurs into Section 2(a) of the Lanham Act,” 106 Columbia Law Review 388 (2006).
- “‘Please Disable the Entire Filter’: Why Non-Removable Filters on Public Library Computers Violate the First Amendment,” 11 Texas Journal on Civil Liberties & Civil Rights 65 (2005).
- “In Defense of Trademark Dilution Surveys: A Post-Moseley Proposal,” 39 Columbia Journal of Law & Social Problems 1 (2005).
- “Perceived Typicality: American Television as Seen by Mexicans, Turks, and Americans,” 16 Critical Studies in Mass Communication 436 (1999) (co-author).