areas of expertise
Edward H. Rosenthal chairs the firm’s Intellectual Property and Litigation Groups. He focuses on intellectual property litigation, emphasizing trademark, copyright, right of publicity, advertising, privacy and publishing matters. His clients include businesses and individuals in the media, advertising, sports, and entertainment fields.
Mr. Rosenthal also has substantial involvement in issues relating to trademark prosecution and enforcement, representing numerous businesses and individuals in protecting and enforcing their intellectual property. He also represents the estates of deceased celebrities, including Humphrey Bogart, and handles licensing work for the estate and other celebrities and companies.
Mr. Rosenthal is currently representing The Authors Guild and a number of other authors' rights associations and individuals in suits against Google and the HathiTrust arising out of Google's mass book digitization and orphan works programs. Recently, he defended Fredrik Colting, author of 60 Years Later: Coming Through the Rye, and his U.S. distributor, in a lawsuit brought by J.D. Salinger alleging copyright infringement. Mr. Rosenthal also successfully defended J.K. Rowling and Scholastic Inc., the author and publisher of the Harry Potter books, against claims of copyright and trademark infringement.
Mr. Rosenthal has written and lectured extensively on a wide variety of intellectual property topics. He is a regular presenter to the Practicing Law Institute on the Right of Publicity, and has participated in numerous panels on trademark and copyright law. He was co-editor of Entertainment Law Matters, a blog focused on disputes and developments in the film, television, publishing, theatre, music, art, gaming, and fashion industries. Mr. Rosenthal has also been active in the Copyright Society of the U.S.A. and the International Trademark Association. He serves as co-chair of the Committee on Publicity, Privacy and Media of the New York State Bar Association’s Entertainment and Sports Law Committee and as a member of the Copyright Committee of the New York City Bar.
Prior to joining Frankfurt Kurnit Klein & Selz, Mr. Rosenthal served as a law clerk to Hon. Abraham D. Sofaer in the Southern District of New York and was associated with the New York law firm of Kramer Levin Naftalis & Frankel. He was Adjunct Professor at Fordham Law School (Legal Writing, 1985-1986; Intellectual Property Drafting, 1996).
He is admitted to practice in New York.
awards & recognition
Best Lawyers in America
Chambers USA America's Leading Lawyers for Business
The Legal 500
New York-area "Super Lawyer" for Intellectual Property Litigation for eight consecutive years
One of 19 "Topflight IP Attorneys" in the 2013 Client Service All-Stars report by BTI Consulting Group
University of Pennsylvania (BA, 1976)
Columbia University (JD, 1980)
- Notes and Comments editor of The Columbia Law Review
Upcoming Speaking Engagements
A Copyright CLE You Can’t Afford to Miss
Does your business depend on copyright ownership and licensing or turn on changes in copyright law? Do you worry about copyright claims? If so, please join our star-studded IP Litigation Group as we identify the current hot topics in copyright, share best practices, and enjoy good company - all in the comfort of the Yale Club.
May 9 2017
Past Speaking Engagements
NY City Bar Copyright Committee: Defense of Copyright cases
Ned Rosenthal presents on defense of copyright cases for the NY City Bar Copyright Committee.
March 15 2017
Copyright Society Mid-Winter Meeting 2017
Ned Rosenthal presents on defense of copyright cases at the Copyright Society mid-winter meeting in Napa, California.
February 10 2017
Association of American Publishers (AAP) Lawyers Committee CLE
Ned Rosenthal presents a CLE on trends in copyright cases at the Association of American Publishers (AAP) Lawyers Committee lunch on December 15.
December 15 2016
From Neverland Ranch to Paisley Park: Lessons from the Estates of Michael Jackson and Prince
Edward Rosenthal speaks at the CLE, "From Neverland Ranch to Paisley Park: Lessons from the Estates of Michael Jackson and Prince" at the New York Historical Society.
November 30 2016
NY Historical Society: Right of Publicity and Trusts
November 30 2016
PLI: Right of Publicity
Ned Rosenthal presents on "Right of Publicity" for the Practising Law Institute.
November 7 2016
Understanding the Intellectual Property License 2015
November 9 2015
The Risks of And Risks to Library Users
Edward Rosenthal speaks at the Stockbridge, Massachusetts Library on the risks to library users.
October 24 2015
Navigating Your Company Through a World of Big Copyright Damages: An Insider’s Look
Edward Rosenthal, Maura Wogan and Jeremy Goldman lead a CLE discussion on some of the key laws, cases and trends involving copyright remedies. Their presentation provides an insiders' view of the risk-mitigation tactics, legal strategies and practical approaches that they have used to help their clients navigate through difficult copyright claims.
May 15 2015
28th Annual New York Book Fair
Edward Rosenthal hosts a New York Book Fair "Meet the Author Dinner" featuring Anna Quindlen.
March 3 2015
Rights of Publicity and Entertainment Licensing
Edward Rosenthal presents "Rights of Publicity and Entertainment Licensing" at the Practicing Law Institute's 2014 Understanding the Intellectual Property License event in New York.
November 3 2014
Entertainment Business Law Seminar
Edward Rosenthal and Nicole Hyland speak on litigation strategies and attorney ethics in the entertainment industry at the Entertainment Business Law Seminar in association with the CMJ Music Marathon.
October 24 2014
Understanding the Intellectual Property License 2014
October 3 2014
2014 MLRC/NAA/NAB Media Law Conference
Melissa Georges and Terri Seligman participate, respectively, on panels about "Publication Torts" and "Advertising & Commercial Speech: Native Advertising" at the 2014 MLRC/NAA/NAB Media Law Conference in Reston VA. Edward Rosenthal, and Toby Butterfield also attend. Frankfurt Kurnit sponsors the event.
September 17 2014
Social Media Week: Rules of the Road
S. Gregory Boyd, Terri Seligman, and Edward Rosenthal lead a Social Media Week panel entitled "Rules of the Road - Four Areas of Law Every Social Media Marketer Should Know." The panel also includes Ellie Boragine, JetBlue Airways Corporation, Jake Feldman, Johnson & Johnson, and Seth Rogin, Mashable.
February 18 2014
Understanding the Intellectual Property License
Edward H. Rosenthal spoke at PLI's Understanding the Intellectual Property License 2013 conference in New York.
November 4 2013
Edward Rosenthal Presents at PLI’s Understanding the Intellectual Property License 2010
Edward Rosenthal presented Rights of Publicity and Entertainment at PLI's Understanding the Intellectual Property License 2010 in New York.
October 21 2013
PLI’s Understanding the Intellectual Property License 2012
Edward H. Rosenthal spoke on rights of publicity and entertainment licensing at the above.
October 18 2012
Rights of Publicity and Entertainment Licensing
Edward Rosenthal spoke on this at 2011 PLI’s Understanding the Intellectual Property License Seminar in New York City.
October 20 2011
Edward Rosenthal spoke on the above at the New York City Bar.
March 10 2011
Copyright Society of the USA
February 9 2011
Understanding the Intellectual Property License 2016
Edward Rosenthal speaks at PLI's "Understanding the Intellectual Property License 2016."
news & press
Paul McCartney Sues Sony/ATV for Publishing Rights to Beatles’ Catalog
Thirty-nine Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2016
Super Lawyers listed thirty-nine Frankfurt Kurnit attorneys in its 2016 edition.
The Best Lawyers in America 2017
In its 2017 edition, Best Lawyers "Best Law Firms" ranked Frankfurt Kurnit nationally in "Tier 1" in Advertising, Copyright, Entertainment - Motion Pictures and Television, and Trademark Law, "Tier 2" in Litigation - Intellectual Property, Media Law, and Trusts & Estates Law, and "Tier 3" in Commercial Litigation and Regulatory Enforcement Litigation.
Supreme Court Rules on Availability of Attorneys’ Fees in Copyright Cases
In the US, attorneys' fees generally are not available to the winning party unless authorized by statute or the parties have agreed to permit a fee award. Copyright law is one area where fee shifting is permitted, and courts have discretion to award a "reasonable" fee to the winning party. How do courts decide?
Frankfurt Kurnit in The Legal 500 2016
The Legal 500, a London-based directory of leading lawyers, listed Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) in Tier 1 and Intellectual Property work (Copyright) in its 2016 edition.
Frankfurt Kurnit in Chambers 2016
For the twelfth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit. Chambers USA ranked us for our: Advertising: Transactional & Regulatory, Intellectual Property: Trade Mark & Copyright, Media & Entertainment: Entertainment Litigation, and Media & Entertainment: Film, Music, Television & Theater work.
Google Row Exposes Digital Fair Use Split, High Court Hears
Law360 noted that Ned Rosenthal and Jeremy Goldman are part of the legal team representing the Authors Guild in its battle with Google over whether the Google Books service infringes the copyrights of authors. The U.S. Supreme Court is considering whether to hear the case.
Google Books Litigation: Frankfurt Kurnit Petitions US Supreme Court for Review
IP litigation partners Ned Rosenthal and Jeremy Goldman are co-counsel for The Authors Guild in the so-called Google Books case — arguably the most significant copyright case in the courts today.
Thirty-seven Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2015
Super Lawyers listed thirty-eight Frankfurt Kurnit attorneys in its 2015 edition.
The Best Lawyers in America 2016
Best Lawyers recognized our firm and 18 of our attorneys in their 2016 list.
No Cut Here: Second Circuit Holds Director Does Not Own Separate Copyright for His Contribution
Following in the footsteps of the Ninth Circuit, the Court of Appeals for the Second Circuit recently held that a director does not have an independent copyright in his contributions to a film.
Frankfurt Kurnit in The Legal 500 2015
The Legal 500, a London-based directory of leading lawyers, recommended Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) and Intellectual Property work (Copyright) in its 2015 edition.
Frankfurt Kurnit in Chambers 2015
For the eleventh consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit.
No Copyright in Five-Second Performance: Ninth Circuit Dissolves Prior Takedown Injunction
In a much anticipated opinion, the Ninth Circuit has dissolved a takedown injunction previously issued against Google and YouTube, prohibiting the companies from posting or displaying any version of the controversial film Innocence of Muslims that included Ms. Cindy Lee Garcia.
Thirty-four Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2014
Super Lawyers listed thirty-five Frankfurt Kurnit attorneys in its 2014 edition.
On Further Review: Former NFL Players’ Right of Publicity Suit Advances
There was a big development in the closely followed Davis v. Electronic Arts, Inc. case - a case focusing on the alleged unauthorized use of player images and likenesses in the popular Madden NFL video game series.
Circuit Hears Challenge to Fair Use Ruling for Google Books
“Dating Naked” Producers Tell Judge They Have Right to Show “Unfettered Nudity”
Edward Rosenthal is defending Lighthearted Entertainment and Firelight Entertainment – producers of the reality television show, Dating Naked – against claims from a contestant on the show. We have asked a New York state court to dismiss the complaint based on three releases plaintiff signed. The Hollywood Reporter covered the case here and linked to our motion papers.
Best Lawyers 2015
Best Lawyers recognized our firm and 17 of our attorneys in their 2015 list.
Gone But Not Forgotten – States Move to Expand Post-Mortem Rights of Publicity
Legal protection for individuals' rights of publicity continues to grow, even when the individual in question has died.
2014 Frankfurt Kurnit in The Legal 500
The Legal 500, a London-based directory of leading lawyers, recommended Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) and Intellectual Property work (Copyright) in its 2014 edition.
Can Market Competitors Police False Ads Better Than Class Actions?
Frankfurt Kurnit in Chambers 2014
For the tenth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit.
Madeline and The Family Business
Frankfurt Kurnit in “Best Lawyers 2014”
In its 2014 edition Best Lawyers ranked Frankfurt Kurnit in "Tier 1" in Advertising, Copyright, Entertainment, Trademark, and Trust & Estates Law, "Tier 2" in Litigation (IP) and Media Law, and "Tier 3" in Commercial Litigation and Regulatory Enforcement Litigation.
Thirty-two Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2013
Battle of the (Supreme) Sexes
“Supreme Bitch” Case—Frankfurt Kurnit Defends Leah McSweeney
Edward Rosenthal defends Leah McSweeney, founder of the women's streetwear brand, "Married to The Mob" against trademark claims brought by Chapter 4 Corp., which manufactures “boys’ club” skateboard street wear.
Social Media “No-No” Has Restaurant Doing Major Damage Control
The Right of Publicity
The NYSBA Entertainment, Arts, and Sport Law Journal published Edward H. Rosenthal's article on the "Right of Publicity".
Frankfurt Kurnit’s IP Chair Ranked One of 19 Top IP Attorneys
The BTI Consulting Group ranked Edward H. Rosenthal as one of 19 "Topflight IP Attorneys" for excellence in client service, based on a survey of 240 corporate counsel.
Frankfurt Kurnit Top Ranked in Best Lawyers and Best Law Firms for 2013
Best Lawyers ranked Frankfurt Kurnit one of the "Best Law Firms" of 2013.
Appeals Court Rules Christian Louboutin has Trademark Rights in its Red Outsoles
As fashion week begins in New York, the Court of Appeals for the Second Circuit issued an important ruling that may help fashion creators in their efforts to obtain intellectual property protection for fashion design.
Twenty-four Frankfurt Kurnit Attorneys Named 2012 NY-Area “Super Lawyers”
Super Lawyers listed twenty-four Frankfurt Kurnit attorneys in its 2012 edition.
Eleven Frankfurt Kurnit Lawyers Appear in New York Magazine’s List of the “Best”
New York Magazine named eleven Frankfurt Kurnit Klein & Selz attorney's to its 2012 "New York Area's Best Lawyers" list.
Can You Recapture Valuable Grants of Rights?
If you are an author, musician, artist, or other creator of intellectual property (or the heir to such a person), it’s a good time to learn whether you are taking full advantage of your ability to "recapture" certain grants of rights made years ago. While everyone’s business deals are different, we urge you to consider the quick summary below: you may have untapped sources of valuable intellectual property.
Eighteen Frankfurt Kurnit Attorneys Named 2011 New York-Area “Super Lawyers”
Super Lawyers named eighteen Frankfurt Kurnit attorneys in its 2011 edition.
Harry Potter and the Uncommon Award
In a recent decision, a judge in New York assessed $50,000 in sanctions, plus attorneys' fees and costs, against an unknown author who claimed that her copyrights and trademarks had been violated by the publication of the Harry Potter books. Such an award is rarely made in U.S. intellectual property infringement cases.
Edward Rosenthal Mentioned in New York Daily News
Our client, Caroline Forsling, is currently pursuing a lawsuit against Estee Lauder claiming the comestics company manipulated her image for an anti-aging ad campagin.
Frankfurt Kurnit in Chambers USA: America’s Leading Lawyers For Business 2011
For the seventh consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit.
Frankfurt Kurnit in Best Lawyers 2010
Best Lawyers ranked Frankfurt Kurnit in its 2010 edition.
Edward Rosenthal in New York Post on Maria Bartiromo Matter
Frankfurt Kurnit Ranked in Trademark Insider 2009
Frankfurt Kurnit has been listed as one of the top 100 trademark law firms. Additionally, Edward Rosenthal has been listed as a top 50 trademark attorney.
Edward Rosenthal in Williams Alumni Review
Edward Rosenthal is mentioned in Williams Alumni Review for his involvement with establishing Reclaiming Childhood as a nonprofit organization. Reclaiming Childhood assists Iraqi refugee girls with sports, education and other elements of their childhood that were stripped from them.
The J.D. Salinger - 60 Years Later Case Moves to the 2nd Circuit
Edward Rosenthal, J.D. Salinger case in New York Times
Our representation of Fredrik Colting and SCB Distributors Inc., - the author and U.S. distributor of 60 Years Later - Coming Through the Rye - against J.D. Salinger, was featured in the New York Times.
Metropolitan Corporate Counsel Announces PLI Program
Edward Rosenthal was listed as one of the speakers for the PLI Program on Understanding Intellectual Property Licensing held on October 27th.
‘Law & Order’ Faces Libel Suit
Answering Solengo: Free Speech & Fair Use
In the Lipper HedgeWorld News article, "Answering Solengo: Free Speech & Fair Use" on July 27, 2007, Edward Rosenthal was mentioned as the attorney for DealBreaker - a Wall Street Blog opposing a complaint brought by Solengo Capital.
Statements Made in Dispute over Authenticity of Art Not Covered by the Lanham Act
In the recent case of Boule v. Hutton, 328 F.3d 84 (2d Cir. 2003), the Second Circuit declined to extend the availability of the Lanham Act to claims for false representation outside the context of mainstream commercial advertising.