Michael Greenberg (lawyer)
Encyclopedia
Michael Greenberg is an American lawyer, regarded as a legal expert in intellectual property
law and patent law. He is a partner of the Washington, D.C.
-based law firm, Greenberg & Lieberman
, with Stevan Lieberman
, established in 1996. As part of the firm, Greenberg has been involved in hundreds of UDRP
or trademark infringement
disputes and is a well-regarded and experienced litigator, with particular expertise in patent infringement
cases.
in Schenectady
, New York
, where he graduated in 1990 with a Bachelor of Arts degree. He has a background in the fields of biochemistry
, economics
, and sociology
. He later earned his juris doctor
from Franklin Pierce Law Center
in Concord
, New Hampshire
in May 1993. After graduating from Union College, Greenberg undertook his Judicial Clerkship, with the Honorable L. Leonard Ruben of the 6th Judicial Circuit of Maryland in 1992. After joining the Franklin Pierce Law Center, he gained experience in legal writing and research and was an issue editor for the IDEA: The Journal of Law and Technology from 1992 to 1993.
Greenberg is a member of the Maryland State Bar Association and American Bar Association
, the American Intellectual Property Law Association
and the Licensing Executives Society. He served as Vice Chairman of the Intellectual Property Section of Montgomery County
from 1998 to 2000 and the Chairman of the Montgomery County Maryland Bar’s Intellectual Property and Technology Law Section from 2000 until 2003 and then from 2007 to the present. He also works as a legal lecturer for the Montgomery County Bar Association and lectures annually at the American University Law School.
-based law firm, Greenberg & Lieberman
, with Stevan Lieberman
, also an expert in patent law and a pioneer in the technology-law areas of virtual worlds, domain name
s and software, in 1996. A national and an international firm, the company has a particular focus on computer Internet law and patent prosecution for small businesses. As of 2010, the firm has served over 20,000 clients.
As part of Greenberg & Lieberman, Greenberg has filed almost 300 trademarks and over 560 patent files as of September 2011. One of his earliest cases was a successful motion to dismiss copyright infringement suit based on lack of personal jurisdiction in Evan K. Aidman v. Mark S. Nelson in 1999. In September 1999 he was involved in a motion to dismiss patent infringement matter in Molnlycke Health Care AB v. Dumex Medical Surgical, a notable case in Internet law. In 2000 he was involved in a trademark infringement matter in the National Jewish Defense League (JDL) v. Mordechai Levy
case which ended in November 2002 when JDL chairman Irv Rubin
died in suspicious circumstances in jail, and defended against copyright infringement in the Studio Martis, B.V. v. Joseph D. Wager Smith case. In 2002, Greenberg and Lieberman's involvement in the Ramsey v. Schutt, et al. in the Maryland State Circuit Court for Charles County was influential in changing the rule in Maryland pertaining to what is necessary in a contract to obviate liability.
In 2003, Greenberg was involved in several UDRP
or trademark infringement disputes such as Size, inc. v. Future Media Architects
, Jensen Research v. Future Media Architects, Internet Development Corp v. TitleSoft, Internet Development Corp v.Senetek
, Quantum Software Systems Ltd v. Future Media Architects, and a copyright infringement case, Future Media Architects v. Corey Richardson. In 2004, the firm continued to represent Future Media Architects and Internet Development Corporation in a series of disputes over UDRP and trademark infringements and other matters including representing Future Media Architects against Cool, Inc., QNX
, Capital Networks PTY Ltd, Punto Verde, Murat Yikilmaz and Hay Napa International, and representing Internet Development Corporation against B.S.A. Corp. at Maryland District Court,Freightliner
and Lactel
.
In 2005, Greenberg was involved in the federal court and mediation in the Ariadne Genomics
v. Stratagene California
dispute. His firm was hired by Mastercard International Incorporated v. Priceless.com to settle a trademark matter. In 2006, Greenberg was involved in UDRP disputes such as Equifax
, inc v. The Tidewinds Group, Inc., Marchex
v. Name Development Corp. and Thomas Weisel Partners Group, Inc. v. Tom Weisel House of Entertainment.
In 2007, Greenberg & Lieberman were hired by businessman Antonis Polemitis in a case against Ville de Paris, a Municipal Corporation of the city of Paris
at the Virginia Eastern District Court
involving the Lanham Act
in which the client claimed tortious interference with contract and defamation. They also represented some major global firms in trademark matters such as Nike, Inc.
v. Niyad Enterprise in California Central District Court
, Microsoft
v. Domain Source, Inc. and UDRP cases such as HSBC
Finance Corp. v. Whois Privacy Protection Service, Inc..
In 2008, Greenberg was involved in a trademark/domain matter between Air China
and Airchina.com and with LG Electronics USA and LG.com. He was also hired in a Second Life case between Chris Mead and Jakob Hyvarinen and in the UDRP Genzyme Corporation v. Abadaba S.A. case. In 2009 they again represented Abadaba in a trademark matter against Microsoft and by the Broward Rehab Center Inc. against Rafael Foss. Greenberg also represented dentist Alex McMillan, IV v. Tom Winkler case in a dispute over cybersquatting. The Alexandria Circuit Court ruled in favor of their client McMillan in a case which involved "a legal action initiated against a former employee charged with trademark infringement, trade secret violations, and domain theft."
In 2010, Greenberg was involved in copyright cases in the John M. Smith vs Gosmile, Inc. dispute (settled), and began representing the Second Life firm Amaretto Ranch Breedables, LLC v. Ozimals, Inc. in a copyright infringement case in California Northern District Court, overlooked by judge Charles R. Breyer
. As of October 2011, the Amaretto case is still ongoing. He was also active in the Warren Weitzman v. Lead Networks trademark case and was hired by The ERGO Baby Carrier
, Inc. v. Amaya Lucy in a UDRP case. In 2011, Greenberg & Lieberman were again hired by ERGO to represent them in another UDRP case against Henghao Zhan Jianzong. In April 2011, Greenberg's firm lost a case representing Rabbi Shmuel Herzfeld
of the Modern Orthodox National Synagogue
in northwest Washington when U.S. District Court Judge Emmet G. Sullivan
denied the request of the rabbi to have an upcoming local election rescheduled because it conflicted with the Jewish Passover.
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
law and patent law. He is a partner of the Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
-based law firm, Greenberg & Lieberman
Greenberg & Lieberman
Greenberg & Lieberman is a national and international law firm based in Washington, D.C. Established in 1996 by Michael Greenberg and Stevan Lieberman, the firm is known for its expertise in the technology-law areas of intellectual property, trademark infringements, domain names, virtual worlds, ...
, with Stevan Lieberman
Stevan Lieberman
Stevan Lieberman is an American lawyer, regarded as a legal expert in intellectual property law and patent law.He is a partner of the Washington, D.C.-based law firm, Greenberg & Lieberman, with Michael Greenberg, established in 1996...
, established in 1996. As part of the firm, Greenberg has been involved in hundreds of UDRP
Uniform Domain-Name Dispute-Resolution Policy
The Uniform Domain-Name Dispute-Resolution Policy is a process established by the Internet Corporation for Assigned Names and Numbers for the resolution of disputes regarding the registration of internet domain names...
or trademark infringement
Trademark infringement
Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees...
disputes and is a well-regarded and experienced litigator, with particular expertise in patent infringement
Patent infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
cases.
Early life and background
Greenberg attended Union CollegeUnion College
Union College is a private, non-denominational liberal arts college located in Schenectady, New York, United States. Founded in 1795, it was the first institution of higher learning chartered by the New York State Board of Regents. In the 19th century, it became the "Mother of Fraternities", as...
in Schenectady
Schenectady, New York
Schenectady is a city in Schenectady County, New York, United States, of which it is the county seat. As of the 2010 census, the city had a population of 66,135...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, where he graduated in 1990 with a Bachelor of Arts degree. He has a background in the fields of biochemistry
Biochemistry
Biochemistry, sometimes called biological chemistry, is the study of chemical processes in living organisms, including, but not limited to, living matter. Biochemistry governs all living organisms and living processes...
, economics
Economics
Economics is the social science that analyzes the production, distribution, and consumption of goods and services. The term economics comes from the Ancient Greek from + , hence "rules of the house"...
, and sociology
Sociology
Sociology is the study of society. It is a social science—a term with which it is sometimes synonymous—which uses various methods of empirical investigation and critical analysis to develop a body of knowledge about human social activity...
. He later earned his juris doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Franklin Pierce Law Center
Franklin Pierce Law Center
The University of New Hampshire School of Law, formerly the Franklin Pierce Law Center, is an American Bar Association-accredited law school located in Concord, New Hampshire. It is the only law school in the state. It was founded in 1973 by Robert H...
in Concord
Concord, New Hampshire
The city of Concord is the capital of the state of New Hampshire in the United States. It is also the county seat of Merrimack County. As of the 2010 census, its population was 42,695....
, New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
in May 1993. After graduating from Union College, Greenberg undertook his Judicial Clerkship, with the Honorable L. Leonard Ruben of the 6th Judicial Circuit of Maryland in 1992. After joining the Franklin Pierce Law Center, he gained experience in legal writing and research and was an issue editor for the IDEA: The Journal of Law and Technology from 1992 to 1993.
Greenberg is a member of the Maryland State Bar Association and American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
, the American Intellectual Property Law Association
American Intellectual Property Law Association
The American Intellectual Property Law Association is a national bar association that was formed in 1897 to improve intellectual property laws and educate the public about such issues....
and the Licensing Executives Society. He served as Vice Chairman of the Intellectual Property Section of Montgomery County
Montgomery County
Montgomery County may refer to:* Montgomery County, Tasmania or Montgomery Land District, Australia* Montgomery County, Alabama* Montgomery County, Arkansas* Montgomery County, Georgia* Montgomery County, Illinois* Montgomery County, Indiana...
from 1998 to 2000 and the Chairman of the Montgomery County Maryland Bar’s Intellectual Property and Technology Law Section from 2000 until 2003 and then from 2007 to the present. He also works as a legal lecturer for the Montgomery County Bar Association and lectures annually at the American University Law School.
Career
Greenberg formed Washington, D.C.Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
-based law firm, Greenberg & Lieberman
Greenberg & Lieberman
Greenberg & Lieberman is a national and international law firm based in Washington, D.C. Established in 1996 by Michael Greenberg and Stevan Lieberman, the firm is known for its expertise in the technology-law areas of intellectual property, trademark infringements, domain names, virtual worlds, ...
, with Stevan Lieberman
Stevan Lieberman
Stevan Lieberman is an American lawyer, regarded as a legal expert in intellectual property law and patent law.He is a partner of the Washington, D.C.-based law firm, Greenberg & Lieberman, with Michael Greenberg, established in 1996...
, also an expert in patent law and a pioneer in the technology-law areas of virtual worlds, domain name
Domain name
A domain name is an identification string that defines a realm of administrative autonomy, authority, or control in the Internet. Domain names are formed by the rules and procedures of the Domain Name System ....
s and software, in 1996. A national and an international firm, the company has a particular focus on computer Internet law and patent prosecution for small businesses. As of 2010, the firm has served over 20,000 clients.
As part of Greenberg & Lieberman, Greenberg has filed almost 300 trademarks and over 560 patent files as of September 2011. One of his earliest cases was a successful motion to dismiss copyright infringement suit based on lack of personal jurisdiction in Evan K. Aidman v. Mark S. Nelson in 1999. In September 1999 he was involved in a motion to dismiss patent infringement matter in Molnlycke Health Care AB v. Dumex Medical Surgical, a notable case in Internet law. In 2000 he was involved in a trademark infringement matter in the National Jewish Defense League (JDL) v. Mordechai Levy
Mordechai Levy
Mark "Mordechai" Levy is a U.S.-based political activist and founder of the militant Jewish Defense Organization , a breakaway faction of the Jewish Defense League...
case which ended in November 2002 when JDL chairman Irv Rubin
Irv Rubin
Irving D. Rubin was chairman of the Jewish Defense League from 1985 to 2002. He allegedly committed suicide in jail when awaiting trial on charges of conspiracy to bomb private and government property....
died in suspicious circumstances in jail, and defended against copyright infringement in the Studio Martis, B.V. v. Joseph D. Wager Smith case. In 2002, Greenberg and Lieberman's involvement in the Ramsey v. Schutt, et al. in the Maryland State Circuit Court for Charles County was influential in changing the rule in Maryland pertaining to what is necessary in a contract to obviate liability.
In 2003, Greenberg was involved in several UDRP
Uniform Domain-Name Dispute-Resolution Policy
The Uniform Domain-Name Dispute-Resolution Policy is a process established by the Internet Corporation for Assigned Names and Numbers for the resolution of disputes regarding the registration of internet domain names...
or trademark infringement disputes such as Size, inc. v. Future Media Architects
Future Media Architects
Future Media Architects is an internet development company founded in 2002. FMA is primarily known for its large portfolio of internet domain names, estimated to exceed 120,000, and has faced several lawsuits....
, Jensen Research v. Future Media Architects, Internet Development Corp v. TitleSoft, Internet Development Corp v.Senetek
Senetek
Senetek PLC is an American life sciences company "engaged in the development of technologies that target the science of healthy aging." The company has wholly owned subsidiaries, Senetek Drug Delivery Technologies Inc. , Carme Cosmeceutical Sciences Inc. and Senetek Denmark ApS...
, Quantum Software Systems Ltd v. Future Media Architects, and a copyright infringement case, Future Media Architects v. Corey Richardson. In 2004, the firm continued to represent Future Media Architects and Internet Development Corporation in a series of disputes over UDRP and trademark infringements and other matters including representing Future Media Architects against Cool, Inc., QNX
QNX
QNX is a commercial Unix-like real-time operating system, aimed primarily at the embedded systems market. The product was originally developed by Canadian company, QNX Software Systems, which was later acquired by Canadian BlackBerry-producer Research In Motion.-Description:As a microkernel-based...
, Capital Networks PTY Ltd, Punto Verde, Murat Yikilmaz and Hay Napa International, and representing Internet Development Corporation against B.S.A. Corp. at Maryland District Court,Freightliner
Freightliner
Freightliner can refer to* Freightliner Trucks, a heavy vehicle manufacturer in the United States* Freightliner Group Limited, a European rail-freight operator* Freight liner , describing a cargo ship operating to a repeating schedule...
and Lactel
Lactel
Lactel is a French/Canadian company specializing in "bio" milk products. In 1992, Lacitel was involved in a Canadian-US government dispute over the Canada-US Free Trade Act of 1989 and the Puerto Rican Health and Safety standard. After years of dispute, Lacitel was finally permitted to export to...
.
In 2005, Greenberg was involved in the federal court and mediation in the Ariadne Genomics
Ariadne Genomics
Ariadne Genomics, Inc. is an American firm based in Rockville, Maryland which develops software for genomics and proteomics for pharmaceutical and agricultural companies, academic researchers, and research laboratories internationally. Its ARIADNE Pathway Studio powered by MedScan Technology is...
v. Stratagene California
Stratagene California
Stratagene California is an American biotechnological company based in La Jolla, California. It was established in 1984 and incorporated in California. It has been involved with the fields of cellular analysis, cloning, cytogenomics, DNA Methylation and DNA Sizing and Quantification and food...
dispute. His firm was hired by Mastercard International Incorporated v. Priceless.com to settle a trademark matter. In 2006, Greenberg was involved in UDRP disputes such as Equifax
Equifax
Equifax Inc. is a consumer credit reporting agency in the United States, considered one of the three largest American credit agencies along with Experian and TransUnion. Founded in 1899, Equifax is the oldest of the three agencies and gathers and maintains information on over 400 million credit...
, inc v. The Tidewinds Group, Inc., Marchex
Marchex
Marchex, Inc. is a Seattle-based firm, specializing in call advertising, tracking and analytics products. As of October 2011 it had a market capital of nearly $300 million. Established in 2002, of September 2006, the company had spent $164 million on domains and they have been involved in many...
v. Name Development Corp. and Thomas Weisel Partners Group, Inc. v. Tom Weisel House of Entertainment.
In 2007, Greenberg & Lieberman were hired by businessman Antonis Polemitis in a case against Ville de Paris, a Municipal Corporation of the city of Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
at the Virginia Eastern District Court
United States District Court for the Eastern District of Virginia
The United States District Court for the Eastern District of Virginia is one of two United States district courts serving the Commonwealth of Virginia...
involving the Lanham Act
Lanham Act
The Lanham Act is a piece of legislation that contains the federal statutes of trademark law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.-History:Named for Representative Fritz G...
in which the client claimed tortious interference with contract and defamation. They also represented some major global firms in trademark matters such as Nike, Inc.
Nike, Inc.
Nike, Inc. is a major publicly traded sportswear and equipment supplier based in the United States. The company is headquartered near Beaverton, Oregon, which is part of the Portland metropolitan area...
v. Niyad Enterprise in California Central District Court
United States District Court for the Central District of California
The United States District Court for the Central District of California serves over 18 million people in southern and central California, making it the largest federal judicial district by population...
, Microsoft
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
v. Domain Source, Inc. and UDRP cases such as HSBC
HSBC
HSBC Holdings plc is a global banking and financial services company headquartered in Canary Wharf, London, United Kingdom. it is the world's second-largest banking and financial services group and second-largest public company according to a composite measure by Forbes magazine...
Finance Corp. v. Whois Privacy Protection Service, Inc..
In 2008, Greenberg was involved in a trademark/domain matter between Air China
Air China
Air China is the flag carrier and one of the major airlines of the People's Republic of China. Based in Beijing Capital International Airport, Air China is the world's 10th largest airline by fleet size. The airline ranked behind its main competitors China Southern Airlines and China Eastern...
and Airchina.com and with LG Electronics USA and LG.com. He was also hired in a Second Life case between Chris Mead and Jakob Hyvarinen and in the UDRP Genzyme Corporation v. Abadaba S.A. case. In 2009 they again represented Abadaba in a trademark matter against Microsoft and by the Broward Rehab Center Inc. against Rafael Foss. Greenberg also represented dentist Alex McMillan, IV v. Tom Winkler case in a dispute over cybersquatting. The Alexandria Circuit Court ruled in favor of their client McMillan in a case which involved "a legal action initiated against a former employee charged with trademark infringement, trade secret violations, and domain theft."
In 2010, Greenberg was involved in copyright cases in the John M. Smith vs Gosmile, Inc. dispute (settled), and began representing the Second Life firm Amaretto Ranch Breedables, LLC v. Ozimals, Inc. in a copyright infringement case in California Northern District Court, overlooked by judge Charles R. Breyer
Charles R. Breyer
-Early life and career:Born in San Francisco, California, Breyer received an A.B. from Harvard College in 1963 and a J.D. from the University of California, Berkeley, Boalt Hall School of Law in 1966. He was a law clerk to Oliver Carter of the U.S. District Court for the Northern District of...
. As of October 2011, the Amaretto case is still ongoing. He was also active in the Warren Weitzman v. Lead Networks trademark case and was hired by The ERGO Baby Carrier
ERGO Baby Carrier
ERGO Baby Carrier is an American company specializing in the manufacture and sale of baby carriers, baby backpacks, and other accessories. They are aimed at babies and toddlers from the age of 4 months to 4 years...
, Inc. v. Amaya Lucy in a UDRP case. In 2011, Greenberg & Lieberman were again hired by ERGO to represent them in another UDRP case against Henghao Zhan Jianzong. In April 2011, Greenberg's firm lost a case representing Rabbi Shmuel Herzfeld
Shmuel Herzfeld
Rabbi Shmuel Herzfeld, born October 9, 1974, in Staten Island, New York is an American Modern Orthodox rabbi who heads the National Synagogue, of Washington, DC. He is a teacher, lecturer, and activist....
of the Modern Orthodox National Synagogue
National Synagogue
The National Synagogue or Ohev Sholom Talmud Torah ; OSTT is the oldest Orthodox synagogue in Washington, D.C.The synagogue is located in the neighborhood of Shepherd Park...
in northwest Washington when U.S. District Court Judge Emmet G. Sullivan
Emmet G. Sullivan
Emmet G. Sullivan is a US District Court Judge in Washington, D.C.Judge Emmet G. Sullivan was born in Washington, D.C. and attended public schools in the District of Columbia until his graduation from McKinley High School in 1964...
denied the request of the rabbi to have an upcoming local election rescheduled because it conflicted with the Jewish Passover.