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Tal S. Benschar, Partner

Practice Areas: Trademark, trade dress, copyright and trade secrets, anti-counterfeiting, litigation, prosecution and enforcement.

Education:
Columbia Law School, J.D., Harlan Fiske Stone Scholar
Yeshiva University, B.A., magna cum laude

P: (212) 813-1600
F: (212) 813-9600
E: tbenschar@springutlaw.com

Tal has practiced law since 1996 and with Springut Law and its predecessor firm since 1999. He focuses his practice on intellectual property disputes, including both litigation and pre-litigation enforcement. Tal has litigated the full range of intellectual property: design patents, copyrights, trademarks, trade dress, trade secrets and anti-counterfeiting. He also works in the area of internet law related issues, including domain name disputes, and has litigated computer software infringement cases. He has prosecuted a number of trademark and copyright applications, and has litigated many inter partes disputes before the Trademark Trial and Appeal Board.

Tal has developed particular expertise in anti-counterfeiting programs for two large luxury fashion houses. Many of the cases have included cutting edge issues:

  • Tal was the lead associate for the plaintiff in Gucci America, Inc. v. Hall & Associates, a published decision which established that Internet Service Providers are not immune from secondary liability for trademark infringement for infringing content posted on websites advertising on the internet.

  • He was centrally involved in Cartier v. Four Star Jewelry Creations, which establish trade dress rights for the client in four watch designs. The victory in that case was then used to obtain seven registration on the Principal Registry.

  • He was centrally involved in Van Cleef & Arpels v. Landau Jewelry, in which the Court found on summary judgment ownership and validity of a forty-year-old copyright believed to have been lost to the public domain.

  • He was centrally involved in Cartier v. Symbolix, which established that altered watches are counterfeit as a matter of law.

  • He was centrally involved in Chloe vs. Queen Bee of Beverly Hills, a Second Circuit case which established that personal jurisdiction exists based on a single on-line sale of a counterfeit item to an investigator.

Tal holds a Juris Doctor from Columbia University, 1996, where he was twice named a Harlan Fiske Stone Scholar (1995, 1996). Tal holds a Bachelor of Arts from Yeshiva University, magna cum laude, 1989. He also received rabbinical ordination from the Rabbi Isaac Elchanan Theological Seminary, 1993