Marc E. Ackerman
Marc Ackerman serves as a strategic advisor to early stage companies. He works closely with founder-entrepreneurs and their management teams to help navigate the wide variety of complex challenges facing start-ups. Marc spearheaded the creation of the firm’s Emerging Companies practice group, comprised of attorneys from across multiple departments, that provides a broad suite of skills and knowledge for the benefit of the firm’s early stage clients.
Marc has a deep understanding of emerging companies, having served as a senior legal and business executive at a high-growth, early stage company, where he built and led the legal, risk and compliance function, had responsibility for all HR functions, and led the international business unit. Marc calls on this experience to help his early stage clients move rapidly from the start-up stage to their chosen goal – whether that is continued growth, acquisition, IPO or other. Marc serves as “outside general counsel” to emerging companies, and also partners with in-house counsel to provide not only legal counsel, but focused business advice and access to a trusted network of emerging company service providers.
Marc’s clients span a number of industries: he has particular experience advising healthcare, beauty, wellness and fitness companies, and he has advised organizations in sports, immersive gaming, edtech, insuretech, fintech, web3, telecommunications and consumer products.
Memberships
Day One Fellowship, Mentor and Lecturer
International Trademark Association — Pro Bono Committee; Lefkowitz Trademark Moot Court Competition
New York City Bar Association — Sports Law Committee, Past Chair; Committee on Judicial and Professional Ethics, Past Secretary
Representative Experience
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Trademark licensing counsel to Fanatics Licensing Management, negotiating exclusive license agreements for college sports apparel and merchandise on behalf of University of Wisconsin, Notre Dame and University of Kentucky.
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Representation of HigherDOSE, a growth stage wellness product and services company, as outside general counsel. We advise the company on corporate entity structure; equity incentives; intellectual property protection; data privacy, including CCPA and GDPR compliance; FDA compliance; commercial contracts; waivers; product safety and advertising matters.
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Representation of Tyba, an early stage technology company providing a platform for renewable energy companies and investors, as outside general counsel. We advise the company on a wide range of matters, including technology agreements, entity structure, capital raising, equity incentives and shareholding.
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Representation of Lucid Navigation d/b/a Crush, an early stage coaching platform, as outside general counsel. We advise the company on matters related to company formation and structure and intellectual property protection.
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Representation of a published author and her production company, including negotiating book and film rights, formation of the production company, and intellectual property protection.
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Representation of Anckor Fitness, a unique well industry company, providing overall legal and business strategy and advice.
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Representation of Beat the Bomb, a growth stage immersive gaming company, on fund-raising; intellectual property protection, including patent prosecution and patent counseling; and overall legal and business strategy.
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Representation of ClassTag, a disruptive educational technology company, on advertising issues.
Accolades
Legal 500 USA — Mentioned Individual, Intellectual Property (Copyright) (2011)
Legal 500 USA — Leading Individual, Media and Entertainment (Sports) (2007-2010)
Thurgood Marshall Award (1998)
NYU Journal of International Law & Politics — Article and Note Editor
Previous Experience
Representative Growth Stage Company Experience:
- Built and led legal function at Tough Mudder, a growth stage disruptive fitness event company, including negotiating debt and equity fund raise rounds; rollout of franchise gym concept; international expansion through licensing agreements; negotiating media deals and sponsorship agreements.
- Advise Kettlebell Kitchen, a growth stage prepared food delivery business, on insurance and litigation matters.
- Advise startup wellness business on entity formation and intellectual property protection.
- Advise Beat the Bomb, a growth stage experiential group gaming company, on intellectual property protection.
Representative Sports Experience:
- Successfully defended the Baltimore Ravens and the National Football League against claims of copyright infringement; after two full jury trials, the case ended in zero financial liability for the Ravens and the NFL.
- Represented the Washington Redskins in trademark office proceedings brought by Native Americans seeking to cancel the club’s trademark registrations. Case resulted in a rejection of the claims against the Redskins.
- Obtained summary judgment on behalf of Cleveland Browns and the National Football League against infringer of club’s Dawg Pound trademarks.
- Obtained temporary restraining order and preliminary injunction on behalf of ESPN against toy maker infringing X Games trademarks.
- Advised National Hockey League and its member clubs on trademark and copyright matters.
- Obtained summary judgment dismissing copyright infringement claims against Cincinnati Bengals and National Football League.
Representative Intellectual Property Counseling Experience:
- Represented Popular Holdings, a Singapore media company in bidding for and acquiring rights to Borders trademarks in Singapore.
- Negotiated trademark license agreement between Prestige Cruise Lines and the owner of Regent Cruise Line trademark.
- Negotiated trademark and right of publicity licenses for fashion designer Betsey Johnson.