Amy Benjamin
Amy J. Benjamin

Practice Areas

  • Trademarks
  • IP Licensing
  • IP Litigation
  • Copyright
  • Unfair competition
  • Bar Memberships

  • New York State
  • All U.S. District Courts in New York
  • Eastern District of Michigan
  • Second and Ninth Federal Circuit Courts of Appeals
  • Education

  • Brandeis University, B.A.A.S cum laude
  • New York University School of Law, J.D.
  • Amy J. Benjamin, Of Counsel, received a B.A. cum laude in American Studies from Brandeis University in 1986. She received her J.D. from New York University School of Law in 1989, where she was also a Fellow in Libel Law. Ms. Benjamin is admitted to practice law in New York State and before all of the U.S. District Courts in New York, the Eastern District of Michigan, and the Second, Ninth and Federal Circuit Courts of Appeals. Prior to joining Stein IP, Ms. Benjamin was an associate at Skadden, Arps, Slate, Meagher & Flom's New York Office where she practiced in the firm's intellectual property group. Ms. Benjamin then joined the intellectual property firm Darby & Darby, P.C. in its New York office, where she was an associate for six years and then as a partner of the firm for another ten years. She left Darby & Darby in January 2009 to found Benjamin Law PC, in New York, a firm specializing in all aspects of intellectual property law except for patent prosecution.

    Ms. Benjamin's practice focuses on all areas of intellectual property law including trademark, copyright, and unfair competition, advertising and First Amendment litigation, counseling and procurement. She has significant experience with Internet, new media and on-line matters such as key word and pop-up advertising and domain name issues. Ms. Benjamin manages significant trademark portfolios with U.S. and foreign trademark prosecution, and provides clearance opinion and counseling services to her clients. She has extensive litigation experience in intellectual property matters in Federal Court and before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, including trying cases before a jury and arguing appeals before the T.T.A.B. and the Federal and Second Circuit Courts of Appeals. She is also experienced in advertising and packaging review, pre-publication review, licensing and due diligence for corporate matters.

    Ms. Benjamin is actively involved in the Intellectual Property Law Section of the American Bar Association, the New York Intellectual Property Law Association, the American Intellectual Property Law Association, the Bar Association of the City of New York and the International Trademark Association, where she has held various positions including Chair, Division II (Trademarks), Division VIII (CLE Programs) and Council member of the ABA IPL Section and Chair, Trademark Committee and CLE Committee of the NYIPLA. Ms Benjamin frequently speaks and writes on intellectual property issues and has been published in the National Law Journal, the Licensing Journal, Metropolitan Corporate Counsel, Bright Ideas and Euro-Watch. On behalf of the American Intellectual Property law Association, she authored an amicus brief filed with the U.S. Supreme Court in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.

    Ms. Benjamin was named as a New York Super Lawyer in 2010 and 2006 and is a member of Who's Who.

    Publications & Presentations

    Kemp v. Bumble Bee Seafoods, Inc., 398 F.3d 1049 (8th Cir. 2005)
    P&G v. Colgate-Palmolive co., 199 F.3d 74 (2d Cir. 1999), affirming, 1999 U.S. Dist. Lexis 10749 (S.D.N.Y. 1999)
    In re Boston Beer Co., 198 F.3d 1370 (Fed. Cir. 1999)
    Dorf & Stanton Communications v. Molson Breweries, 1997 U.S. App. Lexis 794 (Fed. Cir. Jan. 10, 1997)
    Venugopal v. Sharadha Terry Products, Ltd., 2009 U.S. Dist. Lexis 43534 (W.D.N.Y. May 18, 2009)
    Superior Seafoods, Inc. v. Tyson Foods, Inc., 2008 U.S. Dist. Lexis 2741 (D. MN. Jan. 14, 2008), and other related decisions.
    Arthur the Dog v. U.S. Merch. Inc., 2007 U.S. Dist. Lexis 63885 (Aug. 28, 2007)
    Universal Nutrition Corp. v. Carbolite Foods, Inc., 325 F. Supp. 2d 526 (D.N.J. 2004)
    Leutwyler v. Royal Hashemite Court of Jordan, 184 F. Supp. 2d 303 (S.D.N.Y. 2001)
    Playboy Enter., Inc. v. Universal Tel a Talk, Inc., 1999 U.S. Dist. Lexis 13948 (E.D. Pa. Sep. 10, 1999)
    Playboy Enter., Inc. v. Welles, 7 F. Supp.2d 1098 (S.D. Ca. 1998)
    Decora Inc. v. DW Wallcovering, 901 F. Supp. 161 (S.D.N.Y. 1995)
    John Labatt Ltd. v. Molson Breweries, 1995 U.S. Dist Lexis 507 (S.D.N.Y. 1995), aff?d, Dorf & Stanton Communications v. Molson Breweries, 1997 U.S. App. Lexis 794 (Fed. Cir. Jan. 10, 1997)
    Kraft Gen. Foods v. Allied Old English, 831 F. Supp. 123 (S.D.N.Y. 1993)

    Contact Ms. Benjamin