PRACTICES
LitigationCommercial Arbitration
Appellate Practice
Intellectual Property, Fashion and Entertainment
Entertainment
Fashion
Copyright
Trademark
Licensing
Not-For-Profit
Restaurant, Food Service & Hospitality Group
Contractual Disputes
Partnership Disputes
EDUCATION
- Georgetown University Law Center, J.D., cum laude
- University of Chicago, M.A.
- Fordham University, B.A., summa cum laude, Phi Beta Kappa
BAR ADMISSIONS
- New York
- Washington, D.C.
- U.S. Dist. Ct., SDNY
- U.S. Dist. Ct., EDNY
- U.S. Supreme Court
- U.S. Ct. of Appeals, 2nd Circuit
- U.S. Ct. of Appeals, 9th Circuit
- U.S. Ct. of Appeals, DC Circuit
V-Card
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Speaking Engagement - Monica McCabe, Chair of the Intellectual Property Law Practice, will be a panelist during the Connecticut Bar Association 2019 Connecticut Legal Conference on June 10th. The panel will address, "Sampling, Streaming, and the Music Modernization Act" (9:00 - 11:00 a.m.) | Details06/10/2019
This Continuing Legal Education (CLE) program will give an overview of issues faced by musicians and the music industry in the technological age, specifically focusing on streaming and sampling versus copying, and what the Music Modernization Act is and how it will affect musicians going forward. | Panel Details: http://www.ctlegalconference.com/a06/
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Accolade - Monica McCabe, Chair of the Intellectual Property Law Practice, has been recognized by the American Bar Association (ABA) Intellectual Property Law Section for her outstanding leadership contribution to the organization at their annual Section conference.04/15/2019
Monica has been a long-standing member of the ABA, and has served as the Copyright Program Co-Chair of the Intellectual Property Law Section’s annual conference for 3 years, and as the Co-Chair of the IP Webinar program prior to that.
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Accolade - Alan Behr, Chair of the Fashion Law Practice, and Monica McCabe, Chair of the Intellectual Property Law Practice, selected to the World Trademark Review 2019 (WTR 1000), annual ranking of trademark professionals worldwide. | Read here02/04/2019 | World Trademark Review
As seen in the published directory:
Phillips Nizer colleagues Alan Behr and Monica McCabe both receive great feedback from the market: “Alan is hugely efficient in prosecution as well as in contentious matters and is especially effective in fashion and design cases.” “He has strong European ties, is very easy to communicate with and can move matters forward very fast.” “Extremely quick on her feet, Monica can handle a heavy workload with the utmost professionalism and an eye for detail. That she cares deeply about her clients really shows.” Behr chairs the firm’s fashion practice, while McCabe leads the IP group.
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Media - Monica McCabe, Chair of the Intellectual Property Law Practice, mentioned in Bloomberg Law article highlighting hip hop artist and actor LL Cool J "Rock the Bells" trademark infringement case12/10/2018 | Bloomberg Law
Monica McCabe mentioned in Bloomberg Law article “LL Cool J May Luck Into ‘Rock the Bells’ Rights for Sirius Channel” highlighting a trademark infringement suit filed by hip hop artist and actor, LL Cool J (using his real name James Todd Smith), against a now-defunct concert promotion company Guerilla Union Inc. targeting its Rock the Bells Twitter handle, Facebook page and web domain.
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Media - Monica McCabe, chair of the Intellectual Property Law Practice quoted by Bloomberg Law in "NFL Can't Avoid Copyright Suit by Sports Photographers," which highlights a case of copyright infringement against the National Football League (NFL) and the Associated Press by independent sports photographers.09/13/2018
From the article: "The ambiguity of the contract language makes it unclear whether the photographers’ complaint is really a copyright case or a breach of contract case, copyright lawyer Monica P. McCabe of Phillips Nizer LLP, New York, told Bloomberg Law. ‘‘If the license did cover the photographs they’re talking about and the NFL and the AP didn’t exceed the scope of the licenses, it would really be a breach of contract claim,’’ McCabe said."
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Super Lawyers® (2018)09/13/2018
Seventeen Phillips Nizer attorneys were announced on September 13, 2018 as selected for inclusion on the 2018 New York Metro Super Lawyers and Rising Stars lists. Attorneys represented a cross-section of several practice areas and industry teams.
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Media - Bloomberg BNA quotes Monica McCabe, Chair of the Intellectual Property Practice, regarding the European Union’s efforts to limit food names based on geography, prompting concerns from U.S. cheese producers who fear being prohibited from using generically-named cheese products.06/15/2018
The article, “Cheese Makers Fear EU Name Limits Curdle Profits,” also appears in the Intellectual Property section of Bloomberg Law.
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Super Lawyers® (2017)09/20/2017
It was announced on September 20, 2017, that sixteen Phillips Nizer attorneys were selected for inclusion on the 2017 Super Lawyers list. Alternative Dispute Resolution, Banking, Business Litigation, Entertainment, Intellectual Property, and Trusts & Estates practices were represented.
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Speaking Engagement - Monica McCabe, partner in the Intellectual Property Practice, serves as program co-chair of the 32nd Annual Intellectual Program Law Conference (IPL) of the American Bar Association (ABA).04/04/2017
The IPL, which is a two-day conference being held in Arlington, Virginia, attracts attorneys representing all areas of intellectual property law. Monica is also a 2016-2017 ABA-IPL CLE Board Member.
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Speaking Engagement - Monica McCabe, partner in our Intellectual Property and Entertainment Law practices will moderate the American Bar Association (ABA) CLE panel program, "No "Blurred Lines" in the Judgment for the Marvin Gaye Family", on Wednesday, June 22nd from 1:00 – 2:30 p.m. examining the jury verdict and subsequent proceedings, including the denial of attorneys' fees, in Pharrell Williams v. Bridgeport Music et al, 2015 Copr.L.Dec.P30, 791.06/22/2016
Topics covered will include strategy in bringing a declaratory judgment action, substantial similarity and sound recording issues, use of experts, use of impeaching deposition testimony, damage analysis and jury instructions.
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Media - As seen on Pitchfork.com...The online music magazine publishes interview of Entertainment and Intellectual Property Law partner Monica McCabe, a former attorney for Grammy® Award-winning recording artist Prince, who she represented in a dispute involving his famous symbol-shaped guitar.04/27/2016The article asks the question: "What Will Happen to Prince's Estate?" Read the interview here.
Monica represents financial sector service providers, manufacturers of industrial and commercial products; consumer goods; fashion, apparel and jewelry manufacturers and distributors; actors, musicians, authors, publishers, illustrator, photographers; and non-profit entities. She supervises the prosecution and maintenance of trademarks, represents clients in the protection, assignment and licensing of intellectual property portfolios and domain names, and counsels clients on rights of privacy and publicity, infringement, unfair competition, trade dress and trade secret issues.