Marsha G. Ajhar

Marsha Ajhar’s practice covers multiple areas in the field of IP including trademark and copyright clearance and counseling, prosecution of domestic and international applications and maintenance of registrations, IP transfers and licensing, and litigation. She has represented a wide variety of clients in the litigation of intellectual property causes before numerous federal courts including trademark and copyright infringement claims, unfair competition and false advertising as well as appeals, opposition, and cancellation proceedings before the U.S. Trademark Trial and Appeal Board.

Her experience extends to product branding, trademark clearance, IP-based transactions, portfolio management, and domain name disputes. She represents a variety of clients in the apparel, food and beverage, sports and entertainment, and computer and information technology fields. Marsha’s litigation experience covers a wide range of products and technologies including disc drives, cameras, plotters, chemicals, catalysts, and pharmaceuticals. However, the majority of cases, trademark, copyright and otherwise, never see the inside of a courtroom as they are settled before trial. In most instances, obtaining favorable settlement terms can be far preferable to winning a long, expensive litigation. Marsha has been involved in numerous settlement negotiations and mediations resulting in consent injunctions in some cases and co-existence agreements in others.

Trademarks and copyrights are often immensely valuable property rights that are key in a wide variety of transactions. Marsha has been involved in conducting evaluations and due diligence analysis in the context of asset purchase and licensing agreements for Internet companies, music publishers, sports teams, and fashion houses.

Marsha's Practice

Representative Matters

• Litigated trademark case involving the right to use the color blue in nitrogen-based fertilizer which was decided in client’s favor by the Eastern District Court in Pennsylvania, a decision later cited by the Supreme Court in Qualitex Co. v. Jacobson Products Co.
• Succesfully litigated before the Trademark Trial and Appeal Board in th Second Circuit infringement case involving the Nikon trademark.
• Litigated numerous copyright cases including ones concerning the issues of authorship and ownership rights to a 1960s standard rock ‘n roll song, the substantial similarity of various articles of Judaica, and pre-existing material in the design of oriental carpets.