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Fred H. Perkins

Partner & Co-Chair, Technology, Data & IP
Fred H. Perkins's headshot
Fred H. Perkins Partner & Co-Chair, Technology, Data & IP

Fred Perkins has more than 30 years of experience counseling clients in intellectual property rights and portfolio protection matters, as well as mediating and litigating complex commercial IP-related disputes and claims related to breach of contract, fraud, mergers and acquistions and securities.

Fred’s clients span a broad spectrum of industries, including entertainment, fashion, sports, high-tech, software, academic, media, publishing, marketing, financial, industrial and consumer products. Fred is a trusted advisor to his clients regarding virtually all IP-related matters and is highly knowledgeable regarding trademark, trade dress, copyright, unfair competition, trade secrets, false advertising, defamation, patent, antitrust, licensing, entertainment/artist/literary rights, publicity/privacy rights, software and internet/website issues.
In Fred’s diverse IP practice, he advises companies involved in e-commerce and related internet activities, ranging from multiple clothing brands to auto resale websites. In the area of literary and artist rights, Fred counsels numerous publishers, educational institutions and authors regarding copyright and related issues. In the entertainment space, he represents individuals and companies on various agreements regarding development and licensing of creative works.
Employers and employees in various industries, including financial services, rely on Fred to draft and negotiate employment agreements, severance agreements and confidentiality/IP agreements. Fred has also represented several high-tech biopharma companies based in Europe in their development and licensing agreements with manufacturers and hospitals in the U.S.
Fred has had decades-long relationships with several clients, including a New York City college of art and design, for which he advises on trademark/copyright protection and fair use, and has conducted seminars for faculty to educate them on IP issues.
Fred’s vast experience has made him comfortable both in and out of the courtroom. As a skilled litigator, he has tried numerous cases before courts and arbitration and administrative tribunals throughout the country and has won several multi-million-dollar judgments for his domestic and international clients.
As a professional mediator for over 30 years, some of Fred’s greatest litigation accomplishments have been achieved resolving complex disputes. He has mediated nearly 100 cases for the Southern District of New York Panel of Certified Mediators and for private clients, using his negotiation skills to resolve many difficult and intractable cases. He has successfully resolved disputes involving IP and technology claims, commercial/fraud claims, ADA claims and employment matters.
Fred joined Morrison Cohen in 1988, after working for several years at Kramer Levin Naftalis & Frankel LLP. He began his career as a law clerk to the Hon. Jacob Mishler, former Chief Judge of the Eastern District of New York.

Experience

Intellectual Property Counsel

  • Negotiated numerous IP licensing and other agreements with National Hockey League, Minor League Baseball, Google, Yahoo, Fox, CBS, Sun Media and various other media and entertainment entities.
  • Represents a New York City college of art and design, a firm client for 30 years, in all of its IP work.
  • Represents a radio syndication content company that syndicates radio content and provides radio advertising.
  • Represented a sports news information provider for over 20 years.
  • Represents a writer and producer of well-known children’s shows. Negotiated deals with major television networks, tv and film production studios and theatrical producers.
  • Represents a maternity clothing brand, which is also in the maternity blogosphere, in trademark and IP disputes.
  • Represents a client that produces HVAC pumps for residential and commercial housing in trademark and patent disputes.
  • Represents a startup in the haircare business, advising them about various labeling issues.
  • Represents employers and employees in various industries, including financial services, regarding counseling and negotiating employment and severance agreements as well as confidentiality and other restrictive covenants.
  • Represents publishers, authors, artists and companies regarding protection and infringement of copyrights.
  • Has served as general outside counsel for 20+ years for content and media syndication companies and e-commerce web business involved in purchase and sale of used cars.
  • Represents several European high-tech bio pharma companies regarding licensing and development agreements with manufacturers and hospitals in the U.S.
  • Represents companies and individuals seeking trademark advice, including selecting a trademark, processing their trademark applications, and representing and advising on trademark portfolios.
  • Represents companies, including in the financial services area, in copyright, trade secret, and software disputes regarding the protectability of their software.
  • Represents international fashion retail brands in IP matters in the U.S.
  • Represents advertising companies with respect to protecting their intellectual property.
  • Represents individuals in the entertainment space on various development, option and licensing agreements.

Litigation

  • Successfully prosecuted and defended numerous trademark claims and opposition proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.
  • Represented an international leather wallet and accessories manufacturer in a litigated trademark dispute with a well-known pop entertainer.
  • Represents a consumer services company in a trade secret and copyright software dispute.
  • Represented several foreign clothing manufacturers in trademark and copyright litigations and ADA disputes.
  • Represents various clients in IP litigation related to trade secrets and confidential information, including high-tech manufacturers and consumer services companies.
  • Represents companies in M&A litigation involving breaches of representations and warranties and misstated or fraudulently represented financial information.
  • Represents employers and employees in various industries, including financial services, in trial and arbitration.
  • Represents luxury brands and domestic manufacturers in regulatory labeling disputes.
  • Represented a talent manager in a dispute with a pop entertainer.
  • Successfully tried a fraud claim against a public company on behalf of one of its subsidiary's former executives; obtained an award of substantial damages and all of client's attorneys' fees.
  • Representing dozens of defrauded EB5 immigrant investors in fraud and breach of fiduciary claims.
  • Successfully tried an M&A dispute on behalf of a purchaser in a complex acquisition for breach of representations and warranties; obtained a multi-million-dollar damage award.
  • Successfully tried an IP and unfair competition dispute between competing securities firms; obtained a multi-million-dollar damage award.
  • Obtained preliminary injunctions on behalf of various clients protecting their IP rights and enjoining infringement.
  • Obtained summary judgment on behalf of major electronic publisher dismissing various copyright claims.
  • Recovered infringing internet domains from cybersquatters on behalf of several clients through numerous ICANN arbitrations and other proceedings.

Mediation (as a Mediator)

  • Successfully mediated several high-tech software disputes.
  • Resolved several IP disputes, including trademark and copyright claims among luxury retailers.
  • Successfully mediated numerous employment termination and discrimination matters
  • Resolved various contract and commercials disputes.
  • Successfully mediated a high-profile defamation matter.

Professional Activities

  • Member, Southern District of New York Panel of Certified Mediators
  • Member, INTA
  • American Bar Association
  • New York City Bar Association

Recognition

Hofstra University School of Law

  • Editor-in-Chief, Hofstra Law Review
  • Citation of Excellence for Conflicts of Law

Speaking Engagements

Fred has served as a speaker at various IP and litigation seminars, including for educational institutions.

News & Publications

  • Fred has been quoted in national publications regarding IP matters.
  • Co-Author, Client Alert: "Morrison Cohen Cyber Watch: Navigating the Cyber Landscape Safely, Part One: The Marks of a Trademark Scam," April 1, 2024.
  • Author, Client Alert: “Recent New York Federal Court Decision Confirms Applicability of the Americans with Disabilities Act to Various Commercial Consumer-Oriented Websites as Places of 'Public Accommodation,'" March 26, 2018.
  • Author, "What's Old is New in Web Site Protection: A New Look at the 'Look and Feel' Doctrine," New York Law Journal Intellectual Property Section, Jan. 20, 2009.
  • Author, "Better Late than Never: The John Anderson Cases and the Constitutionality of Filing Deadline," 11 Hofstra L. Rev. 691 (1983).
Fred H. Perkins's headshot

Education

  • Maurice A. Deane School of Law at Hofstra University, J.D.
  • Binghamton University, B.A., with honors

Bar Admissions

  • New York
  • U.S. Courts of Appeals for the Second, Third and Federal Circuits
  • U.S. District Courts for the Eastern, Southern and Northern Districts of New York

Media & Insights