Margarita Wallach advises clients on the creation, development and protection of their intellectual property. With more than 15 years of experience, she litigates trademark, trade dress, unfair competition, anti-counterfeiting and copyright infringement cases in the federal courts. Margarita worked on the successful appeal of a seminal case involving a famous color trademark in the apparel industry. She has also litigated trademark infringement and unfair competition cases involving food and beverage products, cosmetics, fine jewelry, designer apparel and perfume. She successfully litigated an anti-counterfeiting case against a ring of fine jewelry counterfeiters resulting in judgments of over $30M in favor of the jewelry manufacturer.
Her practice is also focused on consumer brand development. She represents small to mid-sized consumer product companies that have grown to become among the most successful consumer product companies owning world famous brands. Margarita and her team have long-established relationships in the food and beverage and fashion industries with investors, manufacturers, distributors, marketing companies and other consultants and advisors, which can be a great asset to our clients. She has also represented many of the largest cosmetics, skin and hair care, and dermatological treatment companies owning worldwide famous brands.
In addition, Margarita represents leading consumer products companies in advertising, and digital media matters. She drafts advertising agency agreements and conducts legal compliance reviews of advertising campaigns and defends clients from false advertising and unfair competition claims.
She also prosecutes and maintains international trademark portfolios and implements global protection strategies to stop the manufacture and distribution of counterfeit products throughout the world. Margarita assists clients in investigating, raiding and seizing counterfeit product illicitly manufactured by counterfeiters. Through registration of trademarks with local customs offices, training and close cooperation with government officers, counterfeit products are seized and ultimately destroyed, ensuring clients’ brand equity is protected. She also assists clients to implement best practices measures to prevent the counterfeiting by employees of authorized manufacturers and the importation of grey goods. Margarita has worked closely with worldwide government agencies and investigators to stop the manufacture and distribution of counterfeit injectable dermal fillers that posed a public health threat and harmed client brands.
Margarita also negotiates and implements international intellectual property licensing programs and a variety of agreements such as advertising, marketing, manufacturing and distribution agreements. She has also instituted proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). She represents a variety of clients in the entertainment industry in the negotiation of theatrical and music talent management agreements, independent film and music distribution agreements, advises clients regarding publicity rights, and drafts web terms and conditions and privacy statements.