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Robert Penchina is a partner in the firm and concentrates his practice in copyright, trademark, media and related litigation and counseling matters. Mr. Penchina advises clients, including news organizations, television networks, broadcasters, Internet publishers, newspapers, multimedia content providers, database proprietors, sports organizations and others with respect to the licensing and protection of their intellectual property, and represents a wide range of clients defending or asserting claims of copyright or trademark infringement. Mr. Penchina has defended media organizations in proceedings before the United States Congress and has appeared on their behalf before numerous state law-making and regulatory bodies.
Among other matters, Mr. Penchina has
represented The Associated Press in the successful
defense of claims brought by the National Association
of Freelance Photographers in a suit seeking a
declaration of ownership of all photographs created
on assignment for AP; was lead trial counsel in
the successful defense of trademark infringement
claims brought against companies in the Remy Cointreau
Group; and successfully defended the TVG Network
against claims seeking to enjoin its exercise
of exclusive content rights.
Mr. Penchina has appeared frequently as a commentator concerning intellectual property issues, including on the BBC, Court TV and the CNNfn networks. He has authored several articles addressing intellectual property and Internet law issues, including 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); and 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). His writing has been cited by the United States Supreme Court.
Mr. Penchina is a graduate of Queens College/City University of New York (B.A. 1985 magna cum laude) and received his law degree from New York University School of Law (J.D. 1988), where he was a Note and Comment Editor of the Law Review and recipient of numerous awards and honors, including first prize in the national Nathan Burkan Memorial Competition for papers on copyright law, the Paul D. Kaufman Memorial Award, and the Moot Court Advocacy Award. Following law school, he served as law clerk to the Honorable Frank X. Altimari of the United States Court of Appeals for the Second Circuit. Prior to joining Levine Sullivan Koch & Schulz, L.L.P. in 2004, Mr. Penchina was head of the Copyright and Trademark Practice in the Americas for Clifford Chance L.L.P. Mr. Penchina is admitted to practice in the courts of New York and in the United States Court of Appeals for the Second Circuit.
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