Elizabeth E. Brenckman


New York

Elizabeth E. Brenckman, a partner in the New York office, is a member of Orrick’s Intellectual Property Group. Elizabeth is a trial lawyer with a focus on trademark, copyright, and media litigation. She has helped companies of all sizes develop comprehensive strategies to avoid litigation where possible, and succeed in litigation when necessary.

She has litigated several of the most complex and closely watched trademark and copyright cases of recent years. Elizabeth represented New Balance in the successful defense of trade dress claims brought by Nike/Converse in an ITC Investigation that IP Law360 named the Top Trademark Ruling of 2016. She also represented Aereo in the defense of copyright infringement claims brought by the major television U.S. television broadcasters—a case that was ultimately decided by the Supreme Court on an issue of first impression in 2015. 

She has been recognized by Managing Intellectual Property magazine, which named Elizabeth a 2018 Rising Star.

    • Yeti Coolers, LLC v. RTIC Coolers, LLC (W.D. Tex. and TTAB) – Represented RTIC Coolers in a series of trade dress, trademark, copyright, and patent infringement cases primarily related to the designs of hard and soft-sided cooler and drinkware products
    • In the Matter of Certain Footwear Products (ITC) – Represented New Balance in an ITC investigation concerning trade dress infringement claims related to certain Converse footwear.
    • Milk Studios, L.L.C. v. Samsung Electronics Co., Ltd., et al. (S.D.N.Y.) – Represented Samsung in a trademark infringement litigation related to Samsung’s use of MILK in connection with a streaming music application.
    • Getty Images (US) Inc. v. Microsoft Corporation (S.D.N.Y.) – Represented Microsoft in a copyright infringement litigation brought by Getty Images concerning Microsoft’s Bing Image Widget.
    • American Broadcasting Companies, et al. v. AEREO Inc. – Represented Aereo, a provider of remote antenna and RS-DVR technology platform, in multi-district copyright litigation brought by the major television networks alleging violation of their “public performance” rights.