Managing AssociateNew York
Margaret Wheeler-Frothingham is a managing associate in the New York office. Her practice covers all aspects of copyright and trademark litigation, as well as counseling, licensing and prosecution.
While Margaret represents clients across a broad range of industries, her practice has a particular emphasis on the music, media and fashion industries. Margaret litigates copyright infringement actions and royalty rate setting proceedings – including before the Copyright Royalty Board, where she obtained one of only two royalty rate reductions ever granted in that court. Margaret represents digital music services, as well as other content users in negotiations and disputes with record labels, music publishers, photographers and other rights holders.
Margaret’s trademark practice includes representing fashion, hospitality and alcoholic beverage companies in trademark and trade dress infringement litigations in federal court and proceedings before the TTAB.
In addition to litigation, Margaret counsels companies ranging from local hospitality venues to multinational fashion retailers on a wide variety of issues, including clearance, licensing, brand protection, digital media issues and DMCA compliance, and right of publicity. She has represented the global trademark portfolios of multinational corporations in connection with international and domestic trademark prosecution, enforcement and litigation. She also assists her clients with licensing and other IP transactions.
Margaret is actively involved in pro bono work. She has counseled individual musicians and artists, as well as nonprofit media companies, on a variety of legal and compliance issues.
Representing specialty retailer Williams-Sonoma, in this design patent and trademark infringement case brought by WSI against Amazon. In a widely reported ruling, WSI’s trademark claims challenging Amazon’s business practices were approved by the Court to proceed when it denied Amazon’s motion to dismiss.
Defending Bill Graham Archives, operator of the Wolfgang’s and Concert Vault music services, in class action copyright infringement litigation arising from allegations that the company failed to secure mechanical and synchronization licenses for on-demand streaming of its collection of live concert audio and video recordings on its websites.
Representing Music Choice, the world’s first digital music service, in the PSS IV proceeding before Copyright Royalty Board, which will determine the royalty rates payable by certain radio services transmitted over television-based platforms for the Section 114 sound recording performance and Section 112 ephemeral copying rights.
Represented wine and spirits company in a trade dress infringement action and related counterclaims for cancellation of plaintiff's registered trade dress.
Represented prominent American fashion house in connection with domestic and international trademark prosecution and enforcement.
Represented large multinational corporations in connection with domestic and international trademark prosecution and enforcement.
Represented nonfiction writer in negotiations with publisher and co-author.