Marc Lieberstein

People

With more than 30 years of experience, Marc Lieberstein focuses his practice on intellectual property licensing and franchising, including the drafting, negotiation, and enforcement of license and franchise documents and agreements, as well as the implementation of branding and commercialization objectives for clients via licensing and franchising. He serves clients in the retail/consumer goods and services, fashion/apparel and accessories, food and beverage, and commercial/industrial design industries, among others. Marc regularly counsels clients on creating effective strategies for procuring, protecting, and enforcing their global intellectual property assets.

He also has participated in and used alternative dispute resolution forums such as arbitration and mediation to enforce intellectual property rights and resolve license and franchise contractual disputes.

Consistently recognized by Best Lawyers and the World Trademark Review 1000 as among the best intellectual property lawyers in New York, Marc is also a frequent author and speaker on intellectual property, licensing and franchise issues for a variety of organizations and publications, including the International Trademark Association (INTA), the New York State Bar Association Intellectual Property Section, the American Bar Association Forum on Franchising, the International Franchise Association, The Franchise Lawyer, Franchise Law Journal, National Law Journal, New York Law Journal, Practical Law, and The Licensing Journal, among others.

Notable Work

IP Licensing:

Represented a multibillion-dollar global eyecare company in its licensing deal to acquire the exclusive rights to use, perpetually, iconic registered trademarks for products and services in connection with its business.
Represented a well-known global nonprofit organization in a multimillion-dollar deal to license its brand to launch an e-commerce retailer licensee seeking to open and operate an online consumer marketplace for its members to sell goods on the branded platform.
Represented a large, casual Tex-Mex franchisor in international franchise and licensing matters, which included the preparation of an international retail master license agreement to allow it to expand retail services outside the United States.
Represented a large apparel manufacturer licensee in a more than $400 million license transaction for a well-known athletic brand.

Trademark Litigation:

Represented a world-famous entertainment brand in a lawsuit to determine trademark ownership. Judgment was awarded finding infringement, awarding the brand declaratory relief of its ownership of the trademarks, injunctive relief to prevent the defendant from infringing or interfering with the brand’s ownership of the marks, statutory damages, and attorney fees.

Franchise Acquisitions:

Represented the master franchisee in its multimillion-dollar acquisition of the master franchise rights to a popular specialty restaurant, including area development rights for Israel.

Franchise Counsel:

Represented a Florida-based restaurant chain during its initial franchise process. Developed its multi-unit franchise disclosure document, franchise agreement, development agreement, and related documentation and state filings; client signed its first franchisee in early 2022.
Represented a startup franchisor specialty clothing retailer brand; drafted compliant franchise disclosure document and franchise agreement documents.
Provide franchise counsel for a leading staffing provider, including annual review of the company's current franchise disclosure document for FTC compliance issues and counsel concerning suggested updates, modifications, and other compliance matters.
Provide franchise counsel to a large contract food service company in connection with its ongoing franchise relationships in the U.S. This includes advice and counsel concerning franchise agreement terms and provisions under federal and state laws, as well as the acquisition and licensing of a new brand.

Global Trademark Portfolio Protection and Counseling:

Represent a global restaurant and consumer food products brand with regard to global trademark portfolio protection, including online and brick and mortar enforcement, global licensing, and other brand related agreements.
Represent a well-known nonprofit in its global trademark prosecution matters, as well as online and brick and mortar enforcement.
Represent a well-known clothing and headwear brand with its global trademark prosecution, enforcement, and licensing.
Represent a well-known entertainment brand with its global trademark, prosecution, enforcement, and licensing.

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Benjamin N. Cardozo School of Law, Alumni Association
- Pro Bono Committee, Former Chair, 2010-2014
- Alumni Association, Former Chairperson, 2006-2010
- Career Development Committee, Former Chair
International Trademark Association (INTA), Member
- Brands for a Better Society Committee, 2024-2025
- Commercialization of Brands Committee, Sub-Committee Chair for Licensing, 2020-2022; Sub-Committee Chair for Regulatory, 2022-2024
- Brands & Innovation Committee, 2018-2020
- ADR Committee, 2013-2017; Neutrals Standards and Measurements Sub-Committee, Chair, 2014-2015
New York State Bar Association, Member
- Executive Committee, Member
- Intellectual Property Law Section, Honorary Member and Former Section Chair, 2002-2004
- Litigation Committee, Co-Chair, 2006-2010
- Business Law Section, Franchise, Distribution and Licensing Law Committee, Member, 2014-Present
American Bar Association, Intellectual Property Section, ABA Forum on Franchising, Member, 2013-Present
Association of the Bar of the City of New York
- Fashion Law Committee, Member, 2012-2020
  - Chair, 2014-2017
  - Intellectual Property Council Representative, 2013
Hebrew Academy of Nassau County (HANC), Board of Directors, 2010-2012
Young Israel of Plainview, Member
- Board of Trustees, 2010-2012
- Former Vice President of Fundraising, 2007-2008
- Little League Director, 2004-2018
Unchained At Last
- Board of Directors, President, 2022-2024
- Board of Directors, Member, 2018
Foundation for Art & Healing, Secretary, Board of Directors, 2018-Present

ESCAPADES Intellectual Property Conference, Speaker, "Revenue Generating Alternative for IP Owners," April 25, 2025
ABA Franchise Law Journal, Volume 43, Number 4, Author, “Revenue Generating Alternatives for Franchises and the Associated Risks,” Fall 2024
New York Law Journal, Co-Author, "Accelerating Brand Expansion via Master Franchising and Licensing," October 22, 2024
New York Law Journal, Author, "Amending New Yorks Franchise Law to Promote Franchise Growth," August 23, 2024
New York Law Journal, Co-Author, "Franchising Versus No-Poach/Non-Compete Issues, Part 2," April 16, 2024
New York Law Journal, Co-Author, "Is Franchising Really Doomed in 2024?," February 21, 2024
New York State Bar Association, IP Section Annual Meeting, Speaker, "Cybersecurity/Data Privacy," January 17, 2024
New York Law Journal, Co-Author, "Artificial Intelligence and Franchising," October 25, 2023
New York Law Journal, Co-Author, "Franchisors and Vicarious Liability for Actions of Franchisees or Their Employees," August 23, 2023
LexisNexis, A Practical Guidance Practice Note, Co-Author, "State Franchise Exemptions," March 15, 2023
LexisNexis, A Practical Guidance Practice Note, Co-Author, "Franchise Exemptions," March 14, 2023
LexisNexis, A Practical Guidance Practice Note, Co-Author, "Franchising: An Updated look at the Basics," March 13, 2023
Law.com, Co-Author, "Franchising and the New Copyright Claims Board," March 7, 2023
Law360, Author, "How Attys Can Prep Latin American Brands For US Entry," January 25, 2023
New York Law Journal, Co-Author, "A Peek Behind Recent No Poach Antitrust Actions in Franchising," November 2, 2022
New York Law Journal, Co-Author, "Cybersecurity: Franchisors and Franchisees Beware," August 26, 2022
New York Law Journal, Co-Author, "Is Franchising Doomed? (Part 3)" April 22, 2022
New York Law Journal, Co-Author, "Franchising in the Metaverse," March 1, 2022
Lexis Nexis Practical Adviser, Author, "Franchise Termination Statutes State Law Survey," October 29, 2021
The Licensing Journal, Volume 41, Number 8, Co-Author, "Brand x Brand: Collabs and Cobranding," October 12, 2021
New York Law Journal, Co-Author, "Privacy and Franchising: Are You Keeping Up To Protect Your Consumers and Your Franchise?" September 29, 2021
New York Law Journal, Co-Author, "Is Franchising Being Threatened (Again)?" June 7, 2021
New York Law Journal, Co-Author, "What Does the 2020 Trademark Modernization Act Have in Store for Franchising?" February 16, 2021
New York Law Journal, Co-Author, "The Case for Doing Well by Doing Good in Franchising," October 1, 2020
The Small Business Advocate Podcast, Speaker, "Force Majeure," May 20, 2020
New York Law Journal, Author, "Franchising During and After the Pandemic," May 8, 2020
New York State Bar Association, Intellectual Property Section, Co-Author, "Resources for IP Lawyers During COVID-19," April 22, 2020
New York City Bar, Speaker, "Fundamentals of Franchising," March 10, 2020
Small Business Advocate Podcast, Speaker, "Why Taxes and Unions are Behind the Assault on the Franchise Industry," January 14, 2020
Small Business Advocate Podcast, Speaker, "The Franchise Industry Is Under Assault On Employment Structure," January 14, 2020

World Trademark Review 1000, 2011-2024, Listed Among the World's Leading Trademark Professionals
Lexology Index Thought Leaders: USA, 2025, Recognized as a Leading Practitioner for IP Trademarks
Super Lawyer Magazine, 2001-2023, Listed in New York for Intellectual Property Law; 2012-2018, 2020-2022, 2023, 2024, Named a Top 100 Lawyers in New York Metro for Intellectual Property
Managing Intellectual Property Magazine, 2013-2024, Recognized as an "IP Star"
Who's Who Legal, 2017-2020, Recognized as a Global Leader for Franchising and Trademarks
Franchise Times Magazine, 2018-2023, 2025, Recognized as Legal Eagle
Legal 500, 2015-2018, Recommended for Copyright; 2019-2021, 2023, Recommended for Non-Contentious Trademark Law
Lexology Client Choice Guide - International Award, 2013, Sole Winner for Intellectual Property: Copyright Category for New York
Chambers USA, 2008-2012, Ranked in New York for Intellectual Property: Trademark & Copyright
International Trademark Association, 2015, Volunteer Service Award in the Advancement of Committee or Subcommittee Objectives Category
Cardozo Law School Alumni of the Year Award, 2015, Recipient
Her Justice, 2015, Commitment to Justice Award

Marc A. Lieberstein

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