Andrew Baum: Lawyer with Foley & Lardner LLP

Andrew Baum

New York,  NY  U.S.A.

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AV® Preeminent

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Practice Areas

  • Technology
  • IP Litigation
  • Trademark, Copyright & Advertising Litigation
  • Patent Litigation
  • Trademark, Copyright & Advertising Counseling
University University of Pennsylvania, B.A., 1972
Law SchoolGeorgetown University, J.D., 1976
Admitted1977, New York

Andrew Baum is a partner with Foley & Lardner LLP. He is a member of the Trademark, Copyright & Advertising and IP Litigation Practices and the Technology Industry Team.

Prior to joining Foley, Mr. Baum was a partner and managing principal with Darby & Darby P.C., where he represented major clients in trademark and copyright litigation, oversaw the management of international trademark portfolios, and supervised the intellectual property aspects of significant corporate transactions.

Mr. Baum focuses his practice on trademark, unfair competition, false advertising and copyright litigation, counseling, licensing and a substantial amount of enforcement work on Internet domain names. He represents a broad cross-section of clients from the publishing, luxury goods, interactive entertainment, personnel staffing and home furnishings industries. Major cases include one in which he helped lead a team which defeated a $150 million damage claim for false advertising in a three-week jury trial, and successfully defended the verdict on appeal to the Eleventh Circuit. In 2013, Mr. Baum secured summary judgment dismissing a trademark infringement case brought against Foley's client the New York Jets.

Mr. Baum has been elected by his peers for inclusion in the 2014 edition of The Best Lawyers in America® in the field of trademark law. He was also recognized by the Legal 500 for his work in the area of intellectual property - trademarks: non-contentious in 2013. Mr. Baum has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and was named in the 2011 and 2012 World Trademark Review's "WTR 1000" directory. He is also one of less than 600 lawyers selected for inclusion in The International Who's Who of Trademark Lawyers (2010-2013) and was included in 2013 Who's Who Legal. Mr. Baum has also been nominated by in-house counsel and his peers to appear in the eighth edition of the Guide to the World's Leading Trade Mark Law Practitioners. He also is a panel member of the INTA Trademark Mediators Network which is an Alternative Dispute Resolution (ADR) program.

Mr. Baum received his J.D. from Georgetown University in 1976, and received his B.A. from the University of Pennsylvania in 1972.

Mr. Baum is admitted to practice in New York.

Representative Cases Include:

· Action Ink, Inc. v. New York Jets, LLC, 2013 U.S. Dist. LEXIS 119926 (E.D. La. 2013)

· La Montre Hermes S.A. v. Michael Akkawi, 2012 TTAB LEXIS 376 (TTAB 2012)

· Allegiance Healthcare Corp. v. London International Group Ltd., et al, 70 U.S.P.Q. 2d 1286 (11th Cir. 2004)

· Motion Picture Association of America, Inc. v. Respect Sportswear Inc., 83 USPQ 2d 1555 (TTAB 2007)

· Merck & Co., Inc. et al v. Mediplan Health Consulting, Inc. et al, 425 F. Supp. 2d 402 (S.D.N.Y. 2006) and 434 F. Supp. 2d 257 (S.D.N.Y. 2006)

· Shine v. Childs, 382 F. Supp. 2d 602 (S.D.N.Y. 2005)

· Bruce v. Weekly World News, Inc., 150 F. Supp 2d 313 (D. Mass. 2001), aff'd 310 F. 3d 25(1st Cir. 2002)

Recent Publications:

· "Private Affairs/Public Rights: Can Copyright Be Used to Protect Newsworthy Secrets?" Landslide, May/June 2013

· "Limiting Discovery in TTAB Proceedings," IP 360, January 20, 2012

· "Hoax Websites: Even If They Deceive, Are They Trademark Infringement?" New York Law Journal, January 9, 2012

· "It's Harder Now to Protect Designs Under Trademark Law," The National Law Journal, December 13, 2010

· "Incontestable Trademark Registrations: No Guarantee," IP 360, November 1, 2010

· "DMCA Protection for Online Service Providers: The Safe Harbor Gets Safer," IP 360, March 19, 2009

· "Protecting Architectural Works: Breaking New Ground With Familiar Tools," The Construction Lawyer (ABA), October 2007

Recent Presentations:

· Lecturer, "Special Issues in Copyright," IP Issues in Business Transactions PLI Seminar, January 4, 2013

· Panel co-chair, "Managing the New Face of IP," User-Driven IP 4.0: High Stakes. High Rewards (Foley & Lardner's eighth annual IP conference), October 22, 2012

· Panel co-chair, "Navigating the New World of Domain Names," The Exponential Speed of Innovation: Is IP Driving Your Business? (Foley & Lardner's seventh annual IP conference), September 19, 2011

· In-House lecture, "What Every Lawyer Should Know About False Advertising," June 16, 2009

· Webinar, "What You Need to Know About The DMCA," March 17, 2009

· Lecturer, "Overcoming Ethical Challenges in IP Practice," Intellectual Property Law Update sponsored by National Business Institute, Washington, D.C., October 17, 2008

· Panel chair, "IP Gone Wild," Foley IP Conference "The Great Debate," New York, September 29, 2008

· Panelist, "IP Defense and Brand Protection," 20th Annual ALM General Counsel Conference, New York, June 9, 2008


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Full Class Heading Does Not Cover “All Services” in the United States
Andrew Baum,Katherine P. Califa, February 12, 2014
Trademark owners outside the United States often find it useful to file U.S. applications based on priority from an application or registration in their home country, or as an extension of protection from an International Registration under the Madrid Protocol. A recent decision from the U.S....

Lack of Evidence of Intent to Use Dooms an “ITU” Trademark Application
Andrew Baum, November 4, 2013
The Trademark Trial and Appeal Board (TTAB) recently granted summary judgment sustaining an opposition against an application based on intent-to-use (“ITU”) on the sole ground that the applicant had no tangible proof of any genuine intent to use the mark in commerce at the time he filed...

TTAB Cancels Registration Due to Improper Assignment of Intent-to-Use Application
Andrew Baum,Mark J. Diliberti, August 24, 2013
In a precedential decision issued last week, the Trademark Trial and Appeal Board (TTAB) cancelled a registration because it was based on an intent-to-use (ITU) application that had been the subject of an intra-corporate assignment prior to the filing of the allegation of use. Because the assignee...

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Office Information

Andrew Baum

90 Park Avenue
New YorkNY 10016


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