Monica McCabe is a partner in and chair of the Intellectual Property Practice at Phillips Nizer LLP specializing in copyrights, trademarks and entertainment law. She represents a broad range of businesses, arts and entertainment talent and non-profits entities, including financial sector service providers, manufacturers of industrial and commercial products; consumer goods; fashion, apparel and jewelry manufacturers and distributors; actors, musical performers, authors, publishers, illustrators, and photographers.
Monica also supervises the prosecution and maintenance of trademarks, represents clients in the protection, purchase and sale, assignment and licensing of intellectual property portfolios and domain names, and counsels clients on new media issues, rights of privacy and publicity, and avoiding litigation for infringement, unfair competition, trade dress and trade secret violations.
During her 30-year legal career, Monica has directed copyright and trademark litigation, supervised the prosecution and maintenance of hundreds of trademarks, and advised and represented clients regarding the protection, assignment and licensing of copyrights, trademark portfolios, and domain names. She has also represented clients in matters including rights of publicity and privacy, breach of recording agreements, celebrity bankruptcies, and royalty disputes. Monica has handled a number of high-profile lawsuits, including representing Grammy®-winning recording artist Prince in a litigation regarding his symbol-shaped guitar. Monica also litigated issues of copyright ownership concerning the Jimi Hendrix Estate.
Monica’s transactional expertise includes celebrity endorsement and special event performance agreements, music industry deals, film finance deals, book publishing and distribution deals, and film option and television programming deals. She has negotiated and drafted license, royalty, trademark, music recording, music publishing, producer, copyright, illustrator, film (including animated film), computer software, Internet, trade secret, non-disclosure and other intellectual property agreements.
Monica is a member of the International Trademark Association's Panel of Neutrals, which resolves trademark and unfair competition disputes without litigation. She is also a member of the Alternative Dispute Resolution (ADR) Panel for both the U.S. District Court for the Southern District of New York and the New York Supreme Court’s Commercial Division in Manhattan and Suffolk County.
Monica is a past member of the Board of Advisors of the World Media Law Report and the Board of Advisors of the World Copyright Report. She has authored articles and presented at conferences on issues related to copyright and trademark law. She has served as Assistant Counsel of the New York State Governor's Judicial Screening Committee for the First Judicial Department and has been a member of various Committees of the New York City Bar Association. She was an honoree of the New York State Bar Association Empire State Counsel Pro Bono Service Award (2007-2011). Before entering private practice, Monica served as a judicial clerk to the Honorable Arthur L. Burnett of the U.S. District Court for the District of Columbia.
Monica is President of the Board of Trustees of the Staten Island Children's Museum. She serves as Board Secretary and Executive Committee member of the Rush Philanthropic Arts Foundation, founded by Russell, Danny and Joseph (“Rev Run”) Simmons.
Peer Review Rating:
- AV Preeminent Rated by Martindale-Hubbell
- Selected by World Trademark Review (WTR) 1000 as one of the leading professionals in Trademark Law for prosecution and strategy (New York; 2018)
- Selected for inclusion in the Super Lawyers® - New York Metro Edition, (Intellectual Property), (2010 - 2018)
Fashion Law Blog:
- The Fashion Industry Law Blog, includes posts published by the members of the Fashion Law Practice of Phillips Nizer LLP and attorneys in other related practice areas.
- International Trademark Association (INTA), Right of Publicity Committee
- American Bar Association (ABA), Intellectual Property Law Section, CLE Board Member
- Women's Media Group