Howard Wintner

Educational Background: State University of New York at Binghamton. B.A. 1976. Graduated with Highest Honors.

Legal Education: New York University School of Law. J.D. 1980. Law Review; Order of the Coif; John Norton Pomeroy Scholar.

Professional Experience

Fried, Frank, Harris Shriver & Jacobson -1980-1984. Worked in litigation department handling commercial litigation, including securities, antitrust and intellectual property litigation.

Berger & Steingut -1984-1995. Litigation attorney. Worked on commercial litigation, including intellectual property, entertainment and complex litigation. Chairman of the litigation department.

Solo Practice: 1996 to 1999. Handled commercial litigation, including intellectual property litigation.

Hoguet Newman & Regal: 1999 to 2002. Worked on commercial litigation, including employment and intellectual property litigation.

The Abramson Law Group, PLLC-2003 to the present. Director of Litigation.

Other Intellectual Property Litigation Background

Member of the New York City Bar Association Copyright Law Committee 2015-2018.

Member of the New York State Bar Association Intellectual Property Litigation Subcommittee 2002- 2006.

Currently Member of the City Bar Association Trademark Law Committee.

Representative cases

1. New York Chinese TV Programs, Inc. v. U.E Enterprises. Successfully represented New York Chinese TV Programs in copyright infringement action, in which the constitutionality of the Taiwan Relations Act was involved. Obtained major damages award, including attorneys’ fees (Reported decision of the Second Circuit on appeal).

2. Rail Europe v. Rail Pass Express; handled jury trial; obtained verdict of entire amount sought.

3. Various matters for Bertelsmann, including obtaining a directed verdict in jury trial.

4. Represented bondholders in WPPSS litigation, a multi-billion dollar bond default.

5. Represented Kingworld Productions in several matters, including obtaining directed verdict in action brought by local television station asserting, inter alia, antitrust and RICO claims.

6. Represented Sebastian International in copyright and grey market goods matters, including against Quality King.

7. Successfully represented Spectrum, a model agency, in lawsuit against Nikki Taylor; obtained favorable settlement.

8. Represented Westinghouse in securities matter; recovered entire amount owed ($20,000,000) in a settlement.

9. Pittman v. Grayson; obtained $15 million jury verdict against Icelandic Air; verdict overturned on appeal.

10. Represented the plaintiff, Ducon Environmental Systems, Inc., in trademark dispute with Ducon Conveying, Inc. over the right to use the “Ducon” trademark; summary judgment motion decision reported.

11. Zaretsky v.William Goldberg Diamond Corp. , 820 F. 3d 513 (2d Cir. 2016). Obtained reversal on appeal and grant of summary judgment in case of first impression under the U.C.C. which involved stolen valuable diamonds.

12. Acting and advising an individual in relation to the Securities and Exchange Commission’s investigation, charging and suing of ICO Box for a $14.6m ICO and $650m broker-dealer violations.

Publications

·   Includes Supreme Court Lanham Act Decisions and Beyond. Published in New York Law Journal, November 12, 2015.

·   Civil Seizure Remedies Under the Defend Trade Secrets Act. Published in New York Law Journal June 12, 2016.

·   Copyright Ownership: Joint Authors and Other Topics. Published in New York Law Journal November 30, 2016.

·   Fair Use Under the Trademark Laws. Published in New York Law Journal May 23, 2017.

·   Nominative Fair Use Under the Trademark Laws. Published in New York Law Journal August 7, 2017.

·   Dilution Under the Trademark Laws. Published in New York Law Journal September 24, 2018.

·   Color Alone as a Trademark. Published in New York Law Journal April 29, 2019.