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Martin Samson, author of the Internet Library of Law and Court Decisions

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Designer Skin LLC v. S & L Vitamins, Inc., et al.
Unauthorized internet reseller of plaintiff’s products is not guilty of trademark infringement, and does not cause actionable initial interest confusion, by using plaintiff’s trademarks in meta tags of website at which plaintiff’s and its competitors’ products are sold, and in...

Martin Samson Biographical Information

Martin H. Samson
Partner
Davidoff Malito & Hutcher LLP
605 Third Avenue
New York, NY 10158
mhs@dmlegal.com
phone: (646) 428-3250

Martin H. Samson is a partner in the New York law firm of Davidoff Malito & Hutcher LLP.  For the past 25 years, Mr. Samson has represented clients in complex commercial litigations in both federal and state courts.  Mr. Samson also specializes in litigation and corporate representations for clients conducting business on the Internet, regularly counseling clients on matters addressing online defamation and trademark and copyright infringement.

Mr. Samson is one of the foremost authorities on Internet Law, having authored the Internet Library, presently found at http://www.internetlibrary.com, which contains extensive analysis of over 430 court decisions shaping the law of the web, and its companion e-newsletter, Internet Law Update. The Internet Library has been well received in the Press, being named a USA Today Hotsite, and receiving favorable mentions in the New York Times "Circuits" section, the New York Times "Cybertimes," the American Bar Association Journal, the New York Law Journal, the Florida-Times Union, and the Orlando Sentinel. The Internet Library has been named a 5 star site in both editions of Robert Ambrolgi's Essential Guide to the Best Legal Sites on the Web.

Mr. Samson has handled all aspects of civil litigation, including trial and appellate work, in litigations addressing a wide array of legal issues, including breach of contract, the Internet, intellectual property, restrictive covenants, employment discrimination, real property law, not-for-profit law, environmental law, insurance law, fraud, civil RICO, shareholders' agreements, corporate acquisition, dissolution and management, telecommunications, finder's fees, guarantees, promissory notes and fraudulent conveyances.  

Prior to joining Davidoff, Malito & Hutcher, Mr. Samson was a litigation partner at Phillips Nizer LLP from 1990-2006.  Mr. Samson learned his craft at Shea & Gould, with whom he was associated from 1982 until 1990.

Education:

UCLA School of Law, JD, 1981
Duke Univ., AB, 1977, magna cum laude

Representative Matters:

  • As lead trial counsel, prevailed in 13-day bench trial, in which court confirmed that our clients had acquired title to real property valued at approximately $8 million in a sale and lease back transaction, and ordered the transfer of the property to the clients due to adversary's default on its lease of the property.  Court rejected adversary's claim that transaction was a disguised financing.
  • Obtained a defendant's verdict in a federal jury trial, completely exonerating our client from the charges of legal malpractice leveled against him
  • Successfully represented the operator of a subscription web site in a copyright infringement suit arising out of a customer's unauthorized posting of site articles on its own web site
  • Successfully represented the registrant of a domain name in a UDRP dispute with the holder of a federally registered trademark
  • Successfully represented a large lender in an age discrimination suit filed against the company by its former general counsel
  • Successfully represented a book publisher in nominative fair use case arising out of publication of a book incorporating the title and logo of adversary's movie in the book's title and cover.  Case settled on terms favorable to client
  • Successfully represented employer in action to enforce restrictive covenant against former president and competitor who hired him
  • Represented corporate officers in shareholders' derivative suit challenging the compensation officers received over 10 year period on grounds of corporate waste.  Obtained favorable decision after 12 day bench trial, upholding payment of all but 1% of compensation received
  • Successfully represented Not-For-Profit in lawsuit contesting its right to sell its headquarters to third-party
  • Defended a web site developer in a dispute arising out of its development of a client's web site
  • Defended a retailer wrongly accused of sending spam to advertise its products

Mr. Samson's Internet related work has also included the negotiating and    drafting of various e-commerce agreements, including Co-Branding Agreements, Third-Party Vendor Agreements, Website Development and Operating Agreements, Website Purchase Agreements, Domain Name Purchase and Sale Agreements, and Website Terms of Use Agreements, as well as the representation of a magazine publisher in a trademark infringement suit.

Mr. Samson works closely with the other members of our Corporate Practice  Group, which has aided both large and small companies in their efforts to obtain financing in the private and public markets, as well as represented clients in numerous Internet related transactions.

Publications:

Mr. Samson is a frequent author.  In addition to the Internet Library, his publications include:

  • “Where Oh Where Have My Employees Gone Online”, N.Y.L.J., September 25, 2006
  • "The Anticybersquatting Consumer Protection Act: Key Information", N.Y.L.J., September 12, 2005, and Internet Law & Business, February 2006
  • "Pruning the Gripe Vine", Corporate Counsel, January 2005
  • "Click-Wrap Agreement Held Enforceable," N.Y.L.J., June 30, 1998
  • "Hyperlink at Your Own Risk," N.Y.L.J., June 24, 1997
  • "Trademark Lawsuits in Cyberspace," N.Y.L.J., December 2, 1996
  • "How to Conduct Business with an Eye Toward Litigation," N.Y.L.J., January 18, 1996
  • "Internet Cases of Interest" column for the National Law Journal's Internet Newsletter, 1997 to 1999.

Mr. Samson has been quoted extensively in a number of publications, including:

  • USA Today, "Some CEOs Surf Web To See How They're Being Portrayed", Dec. 28, 2004,
  • The NY Times Cybertimes, "Is Linking Always Legal: The Experts Aren't   Sure", August 6, 1999,
  • The NY Times Cybertimes, "Ticketmaster and Microsoft Settle Linking     Dispute", February 15, 1999,
  • and Web Host Industry Review Magazine, "DMCA: Protecting the Providers," March 2003.

Professional Memberships:

New York State Bar Assn.
New York State Bar Assn. Internet Law Committee
California Bar Assn.
New York Software Industry Assn.

Admissions:
 
US Ct. of Appeals, 2nd Cir.
U.S. Dist. Ct., SDNY
U.S. Dist. Ct., EDNY
U.S. Dist. Ct., WDNY

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