Edward F.Maluf
Partner
Intellectual Property
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Ed represents and counsels clients in a wide variety of industries. He draws upon his knowledge and skills in intellectual property, false advertising, counterfeit and grey market goods, and technology.
More About Ed
Ed is the co-chair of the firm's national Intellectual Property practice group and co-lead of the firm's False Advertising and Product Labeling & Warnings practice group. Ed is an IP litigator, prosecutor and counselor. He assists clients with a diverse array of engagements, including obtaining, enforcing and defending their IP rights. This also includes transactional representation where clients are in need of advice in connection with acquisitions of portfolios and other valuable intangible assets, maintenance of valuable existing IP portfolios, and licensing.
Ed has nearly three decades of experience representing domestic and foreign clients. His IP experience started early in his career, and includes matters that deal with quickly changing and developing technologies. One such case from the 1990s, as the internet was becoming ubiquitous, resulted in a landmark decision that recast the "hot news" misappropriation doctrine and its status under federal copyright preemption.
Although always a New Yorker, Ed has lived abroad in Spanish- and German-speaking countries. He is a first-generation American son of Dominican parents. He grew up speaking Spanish as his native language, and became conversant in German while a college student.
Throughout his career, Ed has represented emerging and mature companies, content creators and owners, and holders of internationally recognized brands. These include financial services firms, food services companies, alcoholic and non-alcoholic beverage companies, vitamin supplement manufacturers and retailers, apparel companies, luxury goods manufacturers, publishers, consumer electronics firms, mobile communications carriers, and others. Clients seek his counsel in connection with all areas of domestic and international trademark, copyright, counterfeit and grey market goods and unfair competition issues. Ed also represents clients in false advertising litigation in federal court, and at the National Advertising Division and the National Advertising Review Board. He also counsels clients in connection with their proposed marketing programs.
Above all things, in addition to excellent counseling and representation, Ed believes strongly in promptly responding to his clients' needs and inquiries. To that end, he utilizes the firm's global presence to handle urgent and everyday matters. He will pass projects between and among the firm’s New York, California and London offices, taking advantage of the team's work hours and heightening client responsiveness.
Ed utilizes the firm's SeyfarthLean principles and methodologies for global trademark portfolio management to reduce cost, achieve higher quality, and enhanced efficiency. He pairs his legal experience in his trademark practice with the SeyfarthLean Trademark Solution for global trademark portfolio management.
Ed values having a reliable, dedicated, and committed team of support professionals in docketing, marketing, secretarial, conflicts, project management, and many other departments in the firm.
Ed has nearly three decades of experience representing domestic and foreign clients. His IP experience started early in his career, and includes matters that deal with quickly changing and developing technologies. One such case from the 1990s, as the internet was becoming ubiquitous, resulted in a landmark decision that recast the "hot news" misappropriation doctrine and its status under federal copyright preemption.
Although always a New Yorker, Ed has lived abroad in Spanish- and German-speaking countries. He is a first-generation American son of Dominican parents. He grew up speaking Spanish as his native language, and became conversant in German while a college student.
Throughout his career, Ed has represented emerging and mature companies, content creators and owners, and holders of internationally recognized brands. These include financial services firms, food services companies, alcoholic and non-alcoholic beverage companies, vitamin supplement manufacturers and retailers, apparel companies, luxury goods manufacturers, publishers, consumer electronics firms, mobile communications carriers, and others. Clients seek his counsel in connection with all areas of domestic and international trademark, copyright, counterfeit and grey market goods and unfair competition issues. Ed also represents clients in false advertising litigation in federal court, and at the National Advertising Division and the National Advertising Review Board. He also counsels clients in connection with their proposed marketing programs.
Above all things, in addition to excellent counseling and representation, Ed believes strongly in promptly responding to his clients' needs and inquiries. To that end, he utilizes the firm's global presence to handle urgent and everyday matters. He will pass projects between and among the firm’s New York, California and London offices, taking advantage of the team's work hours and heightening client responsiveness.
Ed utilizes the firm's SeyfarthLean principles and methodologies for global trademark portfolio management to reduce cost, achieve higher quality, and enhanced efficiency. He pairs his legal experience in his trademark practice with the SeyfarthLean Trademark Solution for global trademark portfolio management.
Ed values having a reliable, dedicated, and committed team of support professionals in docketing, marketing, secretarial, conflicts, project management, and many other departments in the firm.
- JD, Georgetown University Law Center
- BA, Lehigh University
- New York
- US Court of Appeals, Second Circuit
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
- Represented an American corporation that manufactures agricultural, construction, and forestry machinery, diesel engines, drivetrains used in heavy equipment, and lawn care equipment, in connection with false advertising claims made by a competitor.
- Managed global Intellectual Property portfolio for a Fortune 500 company and international producer and marketer of beer, wine, and spirits.
- Regular outside counsel to a manufacturer and distributor of nutritional supplements in connection with its trade dress, trademark, and false advertising disputes and litigation
- Regular outside counsel to a US financial institution in connection with its global trademark portfolio
- Regular outside counsel to a natural and organic baby food manufacturer and distributor in connection with false and misleading advertising claims
- Regular outside counsel to a manufacturer of quality delicatessen meats in connection with its US-based intellectual property matters
- Represented one of the largest American-owned wine and spirits companies in numerous, successful opposition and cancellation proceedings at the Trademark Trial and Appeal Board.
- Represented an international electronics manufacturer in connection with a trademark infringement action against a major online retailer.
- Represented a luxury mattress manufacturer in a Lanham Act and fraud action against a purported charity allegedly dedicated to distributing goods to Katrina victims.
- Represented a claimant in an International Chamber of Commerce arbitration concerning the termination of trademark licenses for the use of a prestigious and valuable trademark.
- Represented a luxury goods maker in connection with Lanham Act claims against an online retailer alleging grey market sales.
- Represented several financial exchanges in connection with copyright infringement and misappropriation claims alleged by several publishers concerning market indices and ETFs.
- Represented an auto parts manufacturer in connection with design patent infringement claims alleged against it.
- Represented a manufacturer of cinematic recording equipment against claims of patent infringement.
- Represented a manufacturer of water-soluble containers in connection with patent infringement claims.
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Jun 3, 2020
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May 26, 2020
Courts Continue to Examine the Constitutionality of PPP Loan Restrictions, “Stay at Home” Orders, Gathering Restrictions
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Recognitions
- Recognized as one of "The World’s Leading Trademark Professionals" by the World Trademark Review 1000 (Law Business Research Ltd.) (2020)
- American Bar Association
- American Intellectual Property Law Association
- Copyright Society of the USA
- Hispanic National Bar Association
- Association of the Bar of the City of New York
- New York Intellectual Property Law Association
- International Trademark Association
- Co-Author, "Supreme Court Weighs in on Gathering Restrictions," Legal Update, Seyfarth Shaw LLP (June 3, 2020)
- Co-Author, "Courts Continue to Examine the Constitutionality of PPP Loan Restrictions, “Stay at Home” Orders, Gathering Restrictions," Legal Update, Seyfarth Shaw LLP (May 26, 2020)
- Co-Author, "COVID-19-Related Restrictions Continue to Receive Scrutiny From the Courts," Legal Update, Seyfarth Shaw LLP (May 14, 2020)
- Co-Author, "New Decisions in Challenges to CARES Act PPP Loans and “Stay at Home” Orders," Legal Update, Seyfarth Shaw LLP (May 7, 2020)
- Co-Author, "Courts Consider the Constitutionality of PPP Loans Under the CARES Act, Government Shutdown Orders, and Signature Requirements for Getting on the Ballot," Legal Update, Seyfarth Shaw LLP (April 27, 2020)
- Co-Author, "Pennsylvania Supreme Court Rejects Constitutional and Statutory Challenges to Business Shutdown Order," Legal Update, Seyfarth Shaw LLP (April 16, 2020)
- Co-Author, "COVID-19 Extensions to Protect Copyright Owners: Maximizing Economic Remedies in a Period of Uncertainty," Legal Update, Seyfarth Shaw LLP (April 6, 2020)
- Co-Author, "Seventh Circuit Limits Scope of Federal Trade Commission’s Enforcement Authority," Legal Update, Seyfarth Shaw LLP (September 3, 2019); Consumer Class Defense Blog, Seyfarth Shaw LLP (September 10, 2019)
- Co-Author, "Implementation Date For The USDA’s National Bioengineered Food Disclosure Standard," One Minute Memo, Seyfarth Shaw LLP (May 2, 2019)
- Co-Author, "The USDA’s Proposed National Bioengineered Food Disclosure Standard," One Minute Memo, Seyfarth Shaw LLP (June 5, 2018)
- "Star Athletica v. Varsity Brands, Inc. Copyright Case," One Minute Memo, Seyfarth Shaw LLP (March 24, 2017)
- "C-E-R-T! Why High Court Should Take Cheerleader Uniform Case," Law360 (November 24, 2015)
- "Why Creativity Needs IP Protection," Apparel (October 13, 2015)
- "'GIVE ME A … ©?' – Cheerleading Uniforms, Fashion Design and Copyright Law," Management Alert, Seyfarth Shaw LLP (September 8, 2015)
- "NFL ‘Sacks’ Websites Selling Counterfeit Merchandise," World Sports Law Report (July 16, 2013)
- "NFL 'Sacks' Websites Selling Counterfeit Merchandise," Retail Detail, Seyfarth Shaw LLP (July 8, 2013)
- "Lawyers Who Lead by Example," New York Law Journal (September 2011)
- "Class Act," The American Lawyer (July 2006)
- "What Retailers Need to Know About Protecting Their Intellectual Property," Lawline CLE Course Presentation and Webinar (May 12, 2015)
- "Implications of New Global Top Level Domains," I-Tech World Technology Law Conference, New York, NY (May 16, 2014)
- "Life Science Markets Symposium: A Collaborative Setting for Life Science & Healthcare Executives," Center for Healthcare Innovation, Strategy & New Market Entry Panel (July 25, 2013)
- "Anti-Piracy or Censorship?," The Kerfuffle Over SOPA/PIPA/ACTA/OPEN Legislation, Bar Association of the District of Columbia Webinar (February 2013)
- Board of New York Lawyers for the Public Interest (board member, 1996-present; executive committee, 2012-2018)
"Ed Maluf is a rare combination of a big-picture strategic thinker and nuanced, hands-on counsel. He sees both the opportunities and the red flags before others can anticipate them." —Client feedback
"When difficult IP disputes arise, Ed is the attorney I turn to; he is both tough and practical. He has helped me bring a number of challenging situations to successful conclusions." —Client feedback
"Seyfarth delivers efficient and effective legal advice and counsel while adhering to our budgetary parameters. Ed and his team at Seyfarth provide us with the top notch legal strategy that we require to handle large and small matters alike. In my 14 years as general counsel, I have dealt with many outside counsel and would highly recommend the firm to any mid-size company looking for outside the box legal solutions at the right price." —Client feedback
"Ed is an exceptionally knowledgeable and attentive attorney. He focuses on the client’s objectives and works diligently to lay out a strategy that drives toward the desired outcome." —Client feedback
Ed represents and counsels clients in a wide variety of industries. He draws upon his knowledge and skills in intellectual property, false advertising, counterfeit and grey market goods, and technology.
More About Ed
Ed is the co-chair of the firm's national Intellectual Property practice group and co-lead of the firm's False Advertising and Product Labeling & Warnings practice group. Ed is an IP litigator, prosecutor and counselor. He assists clients with a diverse array of engagements, including obtaining, enforcing and defending their IP rights. This also includes transactional representation where clients are in need of advice in connection with acquisitions of portfolios and other valuable intangible assets, maintenance of valuable existing IP portfolios, and licensing.
Ed has nearly three decades of experience representing domestic and foreign clients. His IP experience started early in his career, and includes matters that deal with quickly changing and developing technologies. One such case from the 1990s, as the internet was becoming ubiquitous, resulted in a landmark decision that recast the "hot news" misappropriation doctrine and its status under federal copyright preemption.
Although always a New Yorker, Ed has lived abroad in Spanish- and German-speaking countries. He is a first-generation American son of Dominican parents. He grew up speaking Spanish as his native language, and became conversant in German while a college student.
Throughout his career, Ed has represented emerging and mature companies, content creators and owners, and holders of internationally recognized brands. These include financial services firms, food services companies, alcoholic and non-alcoholic beverage companies, vitamin supplement manufacturers and retailers, apparel companies, luxury goods manufacturers, publishers, consumer electronics firms, mobile communications carriers, and others. Clients seek his counsel in connection with all areas of domestic and international trademark, copyright, counterfeit and grey market goods and unfair competition issues. Ed also represents clients in false advertising litigation in federal court, and at the National Advertising Division and the National Advertising Review Board. He also counsels clients in connection with their proposed marketing programs.
Above all things, in addition to excellent counseling and representation, Ed believes strongly in promptly responding to his clients' needs and inquiries. To that end, he utilizes the firm's global presence to handle urgent and everyday matters. He will pass projects between and among the firm’s New York, California and London offices, taking advantage of the team's work hours and heightening client responsiveness.
Ed utilizes the firm's SeyfarthLean principles and methodologies for global trademark portfolio management to reduce cost, achieve higher quality, and enhanced efficiency. He pairs his legal experience in his trademark practice with the SeyfarthLean Trademark Solution for global trademark portfolio management.
Ed values having a reliable, dedicated, and committed team of support professionals in docketing, marketing, secretarial, conflicts, project management, and many other departments in the firm.
Ed has nearly three decades of experience representing domestic and foreign clients. His IP experience started early in his career, and includes matters that deal with quickly changing and developing technologies. One such case from the 1990s, as the internet was becoming ubiquitous, resulted in a landmark decision that recast the "hot news" misappropriation doctrine and its status under federal copyright preemption.
Although always a New Yorker, Ed has lived abroad in Spanish- and German-speaking countries. He is a first-generation American son of Dominican parents. He grew up speaking Spanish as his native language, and became conversant in German while a college student.
Throughout his career, Ed has represented emerging and mature companies, content creators and owners, and holders of internationally recognized brands. These include financial services firms, food services companies, alcoholic and non-alcoholic beverage companies, vitamin supplement manufacturers and retailers, apparel companies, luxury goods manufacturers, publishers, consumer electronics firms, mobile communications carriers, and others. Clients seek his counsel in connection with all areas of domestic and international trademark, copyright, counterfeit and grey market goods and unfair competition issues. Ed also represents clients in false advertising litigation in federal court, and at the National Advertising Division and the National Advertising Review Board. He also counsels clients in connection with their proposed marketing programs.
Above all things, in addition to excellent counseling and representation, Ed believes strongly in promptly responding to his clients' needs and inquiries. To that end, he utilizes the firm's global presence to handle urgent and everyday matters. He will pass projects between and among the firm’s New York, California and London offices, taking advantage of the team's work hours and heightening client responsiveness.
Ed utilizes the firm's SeyfarthLean principles and methodologies for global trademark portfolio management to reduce cost, achieve higher quality, and enhanced efficiency. He pairs his legal experience in his trademark practice with the SeyfarthLean Trademark Solution for global trademark portfolio management.
Ed values having a reliable, dedicated, and committed team of support professionals in docketing, marketing, secretarial, conflicts, project management, and many other departments in the firm.
- JD, Georgetown University Law Center
- BA, Lehigh University
- New York
- US Court of Appeals, Second Circuit
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
- Represented an American corporation that manufactures agricultural, construction, and forestry machinery, diesel engines, drivetrains used in heavy equipment, and lawn care equipment, in connection with false advertising claims made by a competitor.
- Managed global Intellectual Property portfolio for a Fortune 500 company and international producer and marketer of beer, wine, and spirits.
- Regular outside counsel to a manufacturer and distributor of nutritional supplements in connection with its trade dress, trademark, and false advertising disputes and litigation
- Regular outside counsel to a US financial institution in connection with its global trademark portfolio
- Regular outside counsel to a natural and organic baby food manufacturer and distributor in connection with false and misleading advertising claims
- Regular outside counsel to a manufacturer of quality delicatessen meats in connection with its US-based intellectual property matters
- Represented one of the largest American-owned wine and spirits companies in numerous, successful opposition and cancellation proceedings at the Trademark Trial and Appeal Board.
- Represented an international electronics manufacturer in connection with a trademark infringement action against a major online retailer.
- Represented a luxury mattress manufacturer in a Lanham Act and fraud action against a purported charity allegedly dedicated to distributing goods to Katrina victims.
- Represented a claimant in an International Chamber of Commerce arbitration concerning the termination of trademark licenses for the use of a prestigious and valuable trademark.
- Represented a luxury goods maker in connection with Lanham Act claims against an online retailer alleging grey market sales.
- Represented several financial exchanges in connection with copyright infringement and misappropriation claims alleged by several publishers concerning market indices and ETFs.
- Represented an auto parts manufacturer in connection with design patent infringement claims alleged against it.
- Represented a manufacturer of cinematic recording equipment against claims of patent infringement.
- Represented a manufacturer of water-soluble containers in connection with patent infringement claims.
Related News & Insights
-
Legal Update
Jun 3, 2020
Supreme Court Weighs in on Gathering Restrictions
-
Legal Update
May 26, 2020
Courts Continue to Examine the Constitutionality of PPP Loan Restrictions, “Stay at Home” Orders, Gathering Restrictions
-
Legal Update
May 14, 2020
COVID-19-Related Restrictions Continue to Receive Scrutiny From the Courts
-
Legal Update
May 7, 2020
New Decisions in Challenges to CARES Act PPP Loans and “Stay at Home” Orders
Recognitions
- Recognized as one of "The World’s Leading Trademark Professionals" by the World Trademark Review 1000 (Law Business Research Ltd.) (2020)
- American Bar Association
- American Intellectual Property Law Association
- Copyright Society of the USA
- Hispanic National Bar Association
- Association of the Bar of the City of New York
- New York Intellectual Property Law Association
- International Trademark Association
- Co-Author, "Supreme Court Weighs in on Gathering Restrictions," Legal Update, Seyfarth Shaw LLP (June 3, 2020)
- Co-Author, "Courts Continue to Examine the Constitutionality of PPP Loan Restrictions, “Stay at Home” Orders, Gathering Restrictions," Legal Update, Seyfarth Shaw LLP (May 26, 2020)
- Co-Author, "COVID-19-Related Restrictions Continue to Receive Scrutiny From the Courts," Legal Update, Seyfarth Shaw LLP (May 14, 2020)
- Co-Author, "New Decisions in Challenges to CARES Act PPP Loans and “Stay at Home” Orders," Legal Update, Seyfarth Shaw LLP (May 7, 2020)
- Co-Author, "Courts Consider the Constitutionality of PPP Loans Under the CARES Act, Government Shutdown Orders, and Signature Requirements for Getting on the Ballot," Legal Update, Seyfarth Shaw LLP (April 27, 2020)
- Co-Author, "Pennsylvania Supreme Court Rejects Constitutional and Statutory Challenges to Business Shutdown Order," Legal Update, Seyfarth Shaw LLP (April 16, 2020)
- Co-Author, "COVID-19 Extensions to Protect Copyright Owners: Maximizing Economic Remedies in a Period of Uncertainty," Legal Update, Seyfarth Shaw LLP (April 6, 2020)
- Co-Author, "Seventh Circuit Limits Scope of Federal Trade Commission’s Enforcement Authority," Legal Update, Seyfarth Shaw LLP (September 3, 2019); Consumer Class Defense Blog, Seyfarth Shaw LLP (September 10, 2019)
- Co-Author, "Implementation Date For The USDA’s National Bioengineered Food Disclosure Standard," One Minute Memo, Seyfarth Shaw LLP (May 2, 2019)
- Co-Author, "The USDA’s Proposed National Bioengineered Food Disclosure Standard," One Minute Memo, Seyfarth Shaw LLP (June 5, 2018)
- "Star Athletica v. Varsity Brands, Inc. Copyright Case," One Minute Memo, Seyfarth Shaw LLP (March 24, 2017)
- "C-E-R-T! Why High Court Should Take Cheerleader Uniform Case," Law360 (November 24, 2015)
- "Why Creativity Needs IP Protection," Apparel (October 13, 2015)
- "'GIVE ME A … ©?' – Cheerleading Uniforms, Fashion Design and Copyright Law," Management Alert, Seyfarth Shaw LLP (September 8, 2015)
- "NFL ‘Sacks’ Websites Selling Counterfeit Merchandise," World Sports Law Report (July 16, 2013)
- "NFL 'Sacks' Websites Selling Counterfeit Merchandise," Retail Detail, Seyfarth Shaw LLP (July 8, 2013)
- "Lawyers Who Lead by Example," New York Law Journal (September 2011)
- "Class Act," The American Lawyer (July 2006)
- "What Retailers Need to Know About Protecting Their Intellectual Property," Lawline CLE Course Presentation and Webinar (May 12, 2015)
- "Implications of New Global Top Level Domains," I-Tech World Technology Law Conference, New York, NY (May 16, 2014)
- "Life Science Markets Symposium: A Collaborative Setting for Life Science & Healthcare Executives," Center for Healthcare Innovation, Strategy & New Market Entry Panel (July 25, 2013)
- "Anti-Piracy or Censorship?," The Kerfuffle Over SOPA/PIPA/ACTA/OPEN Legislation, Bar Association of the District of Columbia Webinar (February 2013)
- Board of New York Lawyers for the Public Interest (board member, 1996-present; executive committee, 2012-2018)
"Ed Maluf is a rare combination of a big-picture strategic thinker and nuanced, hands-on counsel. He sees both the opportunities and the red flags before others can anticipate them." —Client feedback
"When difficult IP disputes arise, Ed is the attorney I turn to; he is both tough and practical. He has helped me bring a number of challenging situations to successful conclusions." —Client feedback
"Seyfarth delivers efficient and effective legal advice and counsel while adhering to our budgetary parameters. Ed and his team at Seyfarth provide us with the top notch legal strategy that we require to handle large and small matters alike. In my 14 years as general counsel, I have dealt with many outside counsel and would highly recommend the firm to any mid-size company looking for outside the box legal solutions at the right price." —Client feedback
"Ed is an exceptionally knowledgeable and attentive attorney. He focuses on the client’s objectives and works diligently to lay out a strategy that drives toward the desired outcome." —Client feedback