- New York University School of Law (J.D. 1988)
Note and Comment Editor, New York University Law Review
National First Prize, Nathan Burkan Memorial Competition for papers on copyright law
Paul D. Kaufman Memorial Award for outstanding note written for the NYU Law Review
- Queens College/City University of New York (B.A., magna cum laude, 1985)
- Breeders’ Cup Properties Ltd. (past Member of Board)
- New York Therapeutic Riding Center (Advisory Board)
- Recognized by Chambers USA as one of the top copyright and trademark attorneys in New York
- Recognized by Best Lawyers as one of the preeminent Intellectual Property litigators in New York
- Recognized as a New York Super Lawyer in Intellectual Property Law
- What Does DOJ Have Against the Interstate Horseracing Act?, 10 Gaming L. Rev. 446 (2006)
- 2002 Trademark Law Decisions of the Federal Circuit, 52 Am. U. L. Rev. 999 (2003)
- FXA on IP: Striking a Balance in Intellectual Property Cases, A Tribute to Judge Frank X. Altimari, 15 Touro L. Rev. 1469 (1999)
- What's All the Fuss About Feist? The Sky Is Not Falling on the Intellectual Property Rights of Online Database Proprietors, 17 Dayton L. Rev. 563 (1992) (with Paul T. Shiels)
- The Creative Commissioner: Commissioned Works Under the Copyright Act of 1976, 62 N.Y.U. L. Rev. 373 (1987) and 37 ASCAP Copyright L. Symposium 1 (1990)
Bob concentrates his practice in intellectual property, media, sports, entertainment, and gambling law. He counsels news organizations, television networks, publishers, sports organizations, fashion houses, and others in licensing and protecting their intellectual property, and litigates on behalf of a wide range of clients defending or asserting claims of copyright and trademark infringement.
Bob also has represented media organizations in proceedings before the United States Congress and has appeared on behalf of the horseracing industry before numerous state and federal law-making and regulatory bodies.
Chambers USA reports that clients describe Bob as a “fabulous practitioner,” who is “concise, organized and very cost-conscious.”
Bob began his legal career as a law clerk to the Honorable Frank X. Altimari of the United States Court of Appeals for the Second Circuit. Bob then joined the New York office of Rogers & Wells, which later merged with London-based Clifford Chance, where Bob served as head of the copyright and trademark practice in North America before joining LSKS in 2004.
Dallal v. The New York Times Co., 352 F. App'x 508 (2d Cir. 2009). Bob served as lead counsel for The New York Times in a two-week jury trial in a copyright infringement action brought by a freelance photographer who sought $52.5 million in damages. The photographer alleged that the newspaper had no right to publish approximately one hundred of his photographs on NYTimes.com. The jury unanimously sided with the newspaper, and, one week after hearing oral argument on appeal, the Second Circuit affirmed its judgment.
BroadVision, Inc. v. General Electric Co., 2009 WL 2603145, 2009 WL 1392059, and 2008 WL 4684114 (S.D.N.Y. 2009). Bob successfully defended GE against a series of complaints asserting copyright infringement and related claims arising from its alleged use of software beyond the scope of a license.
NBC Universal, Inc. v. Redlasso, Inc. (S.D.N.Y. 2008). On behalf of NBC Universal, Fox News Network, LLC, and Fox Television Stations, Inc., Bob successfully asserted copyright and trademark infringement claims against a company distributing television programming via the Internet, and obtained a permanent injunction prohibiting use of the networks’ content without their permission.
Mandracchia v. Focus Features LLC (S.D.N.Y. 2006). In an action seeking to enjoin distribution of the movie Hollywoodland, Bob successfully defended Focus Features and Miramax Film Corp. against claims that the title of their movie infringed trademark rights held by a theater production company. Following a hearing, the court denied plaintiffs’ motion for a preliminary injunction, and plaintiffs withdrew their claims.
- Robert Penchina
- 321 West 44th Street
New York, NY 10036
- Phone (212) 850-6109
- Fax (212) 850-6299
- download vcard
Bar & Court Admissions
- New York
- U.S. Supreme Court
- U.S. Courts of Appeals for the Second and Third Circuits
- U.S. District Courts for the Northern District of Illinois and the Southern, Northern, and Eastern Districts of New York