areas of expertise
Craig B. Whitney is a partner in the Litigation group, with a focus on intellectual property and false advertising disputes and counseling.
Craig advises emerging, high-growth, and established companies across a diverse range of industries, including media, technology, publishing, apparel, pharmaceuticals, cosmetics, finance, art, entertainment and design. He handles copyright, trademark, right of publicity, false advertising, trade secret and patent issues, protecting valuable intellectual property rights from would-be infringers and defending clients against wrongful accusations of infringement. Craig also counsels clients on brand management and licensing. He oversees IP investigations and class action litigation defense. Craig prosecutes domestic and foreign trademark applications and actively assists clients in navigating the rapidly evolving landscape of IP law. He is an experienced arbitrator and a member of the American Arbitration Association (AAA).
Craig’s representative work includes serving as lead trial counsel on a high-profile false advertising case between two telecommunication giants; multiple victories on behalf of video game developers fighting off copyright infringement claims by would-be competitors; a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well-known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high-end beauty products company in a trademark and trade dress action against a manufacturer of knock-off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of the Federal False Marking Act, RICO and the CAN-SPAM Act; and counseling prominent art museums and galleries on copyright issues.
Craig is the Chair of the Copyright Law Committee of the American Intellectual Property Law Association (AIPLA). He is a graduate of Cornell University (BS) and Harvard Law School (JD, cum laude). Following law school, he clerked for the Honorable Stephen V. Wilson in the United States District Court of the Central District of California. He is admitted to practice in New York and California.
awards & recognition
2016 - 2021 Super Lawyer in New York-area for Intellectual Property Litigation
Cornell University (BS)
Harvard Law School (JD, cum laude)
Upcoming Speaking Engagements
MyLawCLE: Embedding Images May Be Copyright Infringement After All
Craig Whitney presents, "Embedding Images May Be Copyright Infringement After All" during MyLawCLE's Intellectual Property program.
November 1 2021
Past Speaking Engagements
A View from Congress: New Copyright and Trademark Laws from 2020
The final days of 2020 saw Congress pass three new copyright and trademark laws that could impact your business: the Trademark Modernization Act, the Copyright Alternative in Small-Claims Enforcement (CASE) Act, and the Protecting Lawful Streaming Act. And a draft bill for reforming the Digital Millennium Copyright Act (DMCA) is circulating in committee. Kimberly Maynard and Craig Whitney break down these new laws and explain why they should matter to you. Read more.
February 11 2021
Advertising and Marketing Law: Legal Knowledge for the Digital Age 2020
Craig Whitney speaks during Informa Connect’s “Advertising and Marketing Law: Legal Knowledge for the Digital Age” virtual conference.
September 8 2020
What’s Happening in Copyright Law? Part II
Does your business depend on copyright ownership and licensing, or rise and fall with changes in copyright law? Do you use content created by others or worry that your content is going to be stolen? Are you susceptible to copyright claims from third parties or trolls? If so, please join us remotely for part two of the Frankfurt Kurnit CLE (CA & NY credit) update on current hot topics in copyright law. (Note: part one is not a prerequisite for part two.) Read more.
August 13 2020
What’s Happening in Copyright Law? Part I
Does your business depend on copyright ownership and licensing, or rise and fall with changes in copyright law? Do you use content created by others or worry that your content is going to be stolen? Are you susceptible to copyright claims from third parties or trolls? If so, please join us remotely for part one of Frankfurt Kurnit's two-part CLE update on current hot topics in copyright law. Read more.
July 22 2020
USPTO v. Booking.com
Craig Whitney speaks during the USPTO v. Booking.com discussion at the American University Washington College of Law.
March 23 2020
AIPLA Corporate Practice Group Webinar
Craig Whitney presents “Recent Developments in False Advertising Law and Litigation” during a corporate practice group webinar hosted by the American Intellectual Property Law Association (AIPLA).
July 16 2019
Advertising and Marketing Law: Legal Knowledge for the Digital Age
Craig Whitney presents "Made in America: A Spotlight on the USA" at KNect365’s Advertising & Marketing Law conference in London.
June 11 2019
Advertising and Marketing Law Conference 2018
Craig Whitney presents "Made in America: A Spotlight on the USA" at the Advertising and Marketing Law conference in London.
June 7 2018
Advanced Trademark Law 2018: Current Issues
Craig Whitney presents Protecting “The Look”: Cross disciplinary IP protection of designs and trade dress post-Star Athletica, including nuts and bolts of registering product configurations and other trade dress as trademarks for the Practising Law Institute's Trademark Law program. More information can be found here.
March 14 2018
A Review of the Supreme Court’s Star Athletica Decision and “What Now”
Craig Whitney presents A Review of the Supreme Court's Star Athletica Decision and "What Now" at the American Intellectual Property Law Association's Annual Meeting in Washington, D.C.
October 19 2017
Working Within the Shades of Gray: Frankfurt Kurnit’s Second Annual Advertising Law Summit
Legal questions confronting in house marketing lawyers rarely elicit simple "yes" or "no" answers. (If only they did!) More often than not — to the consternation of clients working on tight deadlines — the answer is "maybe" or "it depends" or "there's a risk." How do you help your marketing clients evaluate the risks and weigh them against potential rewards? Read more.
June 8 2017
AIPLA Annual Meeting 2016
Craig Whitney speaks on “The Software Innovation and Protection Dilemma — Guidance Please! Copyrights and Patents” at the AIPLA annual meeting in DC. More here.
October 28 2016
The Fair Use Defense: Is It Fair?
Craig Whitney moderates a panel on Copyright Fair Use titled “The Fair Use Defense: Is It Fair?” at the AIPLA Spring Meeting in Minneapolis, MN.
May 19 2016
news & press
Thirty-five Frankfurt Kurnit Attorneys Named to Super Lawyers New York Metro List for 2021
The list includes: Christopher R. Chase, Victoria Cook, Lisa E. Davis, Caren Decter, Catherine M.C. Farrelly, Michael P. Frankfurt, Hayden Goldblatt, Jeffrey A. Greenbaum, John B. Harris, Richard B. Heller, Richard Hofstetter, Nicole Hyland, Candice Kersh, Rick Kurnit, Brian E. Maas, Richard Maltz, Jeffrey Marks, Kimberly Maynard, Mark Merriman, Ronald C. Minkoff, Brian G. Murphy, Edward H. Rosenthal, Terri Seligman, Thomas D. Selz, Barbara E. Shiers, Wendy Stryker, Linda Wank, S. Jean Ward, Craig Whitney and Maura Wogan. Marcie Cleary, Christina Jenkins, Sasha Levites, Tyler Maulsby, and Adam Osterweil are listed as “Rising Stars.” Read more.
Social Media Embeds Riskier Than Ever After Latest Ruling
Thirty-five Frankfurt Kurnit Attorneys Named to Super Lawyers New York Metro List for 2020
The list includes: Christopher R. Chase, Victoria Cook, Lisa E. Davis, Catherine M.C. Farrelly, Michael P. Frankfurt, Hayden Goldblatt, Jeffrey A. Greenbaum, John B. Harris, Richard B. Heller, Richard Hofstetter, Nicole Hyland, Candice Kersh, Rick Kurnit, Brian E. Maas, Richard Maltz, Jeffrey Marks, Kimberly Maynard, Mark Merriman, Ronald C. Minkoff, Brian G. Murphy, Edward H. Rosenthal, Terri Seligman, Thomas D. Selz, Barbara E. Shiers, Wendy Stryker, Linda Wank, S. Jean Ward, Craig Whitney and Maura Wogan. Marcie Cleary, Christina Jenkins, Sasha Levites, Tyler Maulsby, Adam Osterweil and Rachel Santori are listed as “Rising Stars.” Read more.
The Google-Oracle Copyright War, Explained
3 Big Things: Supreme Court’s ‘Pay-Per-Law’ Copyright Ruling
AIPLA: Discussing the Booking.com Case, Part 2
Thirty-one Frankfurt Kurnit Attorneys Named to Super Lawyers Metro List for 2019
Super Lawyers magazine lists thirty-two Frankfurt Kurnit attorneys in its 2019 NY-area edition. Read more.
Houston ISD to Seek Reduction in $9.2M Copyright Verdict
AT&T, Sprint Settle ‘5GE’ False Advertising Suit
Supreme Court Requires Registration Prior to Bringing Copyright Suit
Yesterday, the Supreme Court issued two unanimous decisions affecting the rights and remedies available to copyright owners. Read more.
4 Things to Know About Big Copyright Registration Ruling
5G Madness: Why is Sprint Suing AT&T?
Sprint Sues AT&T for Labeling its Network ‘5G’ When it’s Actually 4G
CNBC shares the complaint filed on behalf of our client Sprint by Craig Whitney and Kimberly Maynard. Sprint seeks to stop AT&T from using the terms “5GE,” “5g E,” “5G Evolution,” and any description containing “5G.” View Article
Sprint Sues AT&T Over ‘5G E’ Marketing
We represent Sprint in an advertising dispute with AT&T that has received media attention in Law360, USA Today, The Verge, Washington Post and other publications. Lead counsel Craig Whitney is quoted.
Denver Judge Handles Heaviest Copyright Caseload
Thirty-three Frankfurt Kurnit Attorneys Named in Super Lawyers Magazine for 2018
Super Lawyers magazine lists thirty-three Frankfurt Kurnit attorneys in its 2018 edition. Read more.
The Next 4 Big Copyright And Trademark Rulings Are…
Law360 quotes Craig Whitney on the potential impact of a 2nd Circuit decision in Capitol Records, LLC v. ReDigi Inc. The case addresses the question of whether the “first sale” doctrine applies to digital transactions. View Article
Fox News Prevails in Copyright Battle with TVEyes
After Redbox Ruling, All Eyes On 2nd Circ.‘s First-Sale Case
NFL Player Battles With Paparazzi Agency Over Instagram Photo
Deadline: Are Your Copyright Office DMCA Agent Registrations Up to Date?
December 31, 2017 is the deadline for certain online service providers to update their Digital Millennium Copyright Act ("DMCA") agent registrations on the US Copyright Office's new online registration system. Read more.
Star Athletica: Finding for Fashion
The New York State Bar Association published Craig B. Whitney and Rachel Santori’s article, " Star Athletica: Finding for Fashion" in the Summer 2017 edition of their publication, Bright Ideas. (Article behind paywall) View Article
3 Big Questions For The Statue Of Liberty Copyright Fight
April Sports Industry News
So much is happening at the intersection of sports, marketing, and entertainment that we've been inspired to send you summaries to help you put it all into context. Please enjoy this month's content. Read more.
Bloomberg Law Brief: Craig Whitney on Copyright Case
Bloomberg Law interviewed Craig Whitney about the Star Athletica v. Varsity Brands US Supreme Court decision on copyright protection for fashion and industrial designs.
Supreme Court Supports Copyright Protection for Fashion and Industrial Designs
On March 22, 2017, the Supreme Court ruled in Star Athletica v. Varsity Brands that copyright law can protect designs on cheerleading uniforms. Read more.
Thirty-five Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2016
Super Lawyers listed thirty-five Frankfurt Kurnit attorneys in its 2016 edition. Read more.
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? Read more.
The Dancing Baby Case: Where Do We Go from Here?
Intellectual Property Magazine published Craig Whitney article, "The Dancing Baby Case: Where Do We Go from Here?", about how media companies and copyright holders deal with infringing content online. To view the article, click here.
New Trade Secrets Law Calls for Changes to Handbooks and Certain Employment Agreements
As we noted in an alert last week, the Defend Trade Secrets Act of 2016 ("DTSA") creates a private right of action to sue in federal court for trade secret misappropriation, and provides for remedies including actual damages and attorneys' fees. Read more.
Was Anyone Hurt? - New Supreme Court Test Raises the Bar for Class Action Plaintiffs
There's good news for companies defending or girding for consumer class actions. Read more.
New Federal Law Expands Trade Secrets Protections
There's good news for companies that rely on trade secrets. Read more.
Supreme Court Decision Will Clarify Copyright Protection for Fashion Designs
On Monday, the Supreme Court agreed to hear arguments in Star Athletica v. Varsity Brands, which could set the stage for greater clarity in copyright law in the fashion and design industries. Read more.
Craig Whitney in WWD
Women’s Wear Daily quoted Craig Whitney on the impact a Supreme Court decision in Star Athletica LLC v. Varsity Brands Inc. will have on the fashion industry.
Craig Whitney in Inside Counsel
Inside Counsel quoted Craig Whitney on the impact of the Star Athletica v. Varsity Brands case on the fashion industry and copyright law. The US Supreme Court is currently considering whether to grant certiorari and hear this case.
Ruling Maintains That Fair Use Must Be Considered Before Issuing Copyright Takedown Notices
The Ninth Circuit declined to review its earlier opinion in Lenz v. Universal Music Corp. that copyright holders must consider fair use before seeking to remove allegedly infringing content from websites such as YouTube and Facebook. Read more.
When the Supreme Court Closes a Door, It Opens a Window
Craig B. Whitney's article, "When the Supreme Court Closes a Door, It Opens a Window: Over One Year Later, Aereo May Help Put the Cloud Back on the Court’s Horizon" is featured in Landslide, a publication of the ABA Section of Intellectual Property Law. Read more.
9th Circuit Rules That Copyright Holders Must Consider Fair Use Before Issuing DMCA Takedown Notice
Media companies and other copyright holders may need to change the way they deal with infringing content on the Internet. Read more.
Aereo Post-Mortem: Was it Ever Really About the Cloud
In its May/June 2015 issue, Landslide — a publication of the ABA Section of Intellectual Property Law — published Craig Whitney's article "Aereo Post-Mortem: Was it Ever Really About the Cloud" about the U.S. Supreme Court's copyright infringement decision in American Broadcasting Cos. v. Aereo, Inc. View Article
Craig Whitney Joins Frankfurt Kurnit
The American Lawyer [here] World Intellectual Property Review [here], Reuters [here], The Copyright Society of The USA [here] and Crain’s New York Business [here] covered the arrival of Litigation and IP Group partner Craig Whitney to Frankfurt Kurnit Klein & Selz.
Craig B. Whitney Joins Frankfurt Kurnit as Litigation and Intellectual Property Partner
April 13, 2015 New York, N.Y. - Frankfurt Kurnit Klein & Selz, PC has added Craig B. Whitney as a partner in the firm’s Litigation and Intellectual Property Groups. Mr. Whitney joined the firm today. Read more.
Debating Designs: Varsity Brands and IP Protection for Fashion Designers
Craig Whitney and Rachel Kronman wrote an article published by the NYSBA Bright Ideas magazine. The article was originally published in Vol. 24, No. 3 of Bright Ideas (Winter 2015), a publication of the Intellectual Property Law Section of the New York State Bar Association. View Article