Margaret Wheeler-Frothingham is a senior associate in the New York office. Her practice covers all aspects of intellectual property 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, technology and fashion and retail industries. Margaret represents both plaintiffs and defendants in infringement actions in federal court and represents licensees in 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 also represents digital music services, technology platforms and other content users in negotiations and pre-litigation disputes with record labels, music publishers, photographers and other rights holders. She is adept at guiding clients through settlement negotiations, and if necessary, to a final judgement.

Margaret’s trademark litigation practice includes representing brands in trademark and trade dress infringement actions, and negotiating coexistence agreements or other resolutions to trademark disputes.

In addition to litigation, Margaret counsels clients on a wide variety of intellectual property issues, including clearance, licensing, brand protection, digital media issues and DMCA compliance, and right of publicity. She manages clients' global trademark portfolios in connection with international and domestic trademark prosecution and enforcement. Margaret also counsels clients on 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 and disputes.

    • Representing specialty retailer Williams-Sonoma, Inc. in this design patent, trademark and copyright infringement case brought by Williams Sonoma 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.
    • Counseled a prominent technology company on the copyright property implications of proposed features of its augmented reality and virtual reality products.
    • Negotiated successful resolutions to copyright infringement claims brought against various clients in connection with allegedly unauthorized uses of photographs or music.
    • Obtained a  favorable settlement on behalf of an award-winning designer in connection with the unauthorized copying of the client's copyrighted sculptural accessory design by a major television network.
    • Representing Music Choice, the world's first digital music service, in proceedings before Copyright Royalty Board.
    • 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.
    • 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.