Tara Marciano is special counsel in the Intellectual Property and Privacy Litigation practice groups. Tara’s practice focuses on helping clients strategically protect their brands by providing guidance on intellectual property and data privacy matters. Having spent years as in-house counsel, Tara’s practical approach and insights into clients’ businesses enable her to partner with in-house teams to offer a unique blend of legal and operational experience to support the objectives of corporate management.
In her work with the firm’s Client Service and Innovation Committee, Tara leverages her in-house experience and insights to drive key client-centric initiatives focused on creating a superior client experience. After years in the client’s shoes, she is passionate about creating and improving services that deliver results and value to all of the firm’s clients. Tara has been recognized in The Legal 500 U.S. (2020) for her trademark litigation work.
Tara began her legal career at Kelley Drye, where she focused her practice on complex commercial litigation in diverse areas including trademark, copyright, trade secrets, restrictive covenants, breach of contract, consumer class actions and employment.
Prior to rejoining Kelley Drye, Tara was senior in-house litigation, regulatory and business operations counsel for a global retail company, where she collaborated with key business stakeholders and senior management on commercial and intellectual property litigation, data privacy, data security, advertising, intellectual property, compliance and regulatory matters. Tara provided cross-functional counseling in support of multiple brands’ retail operations with review of issues related to regulatory requirements and compliance, advertising/marketing, data privacy, data security, antitrust, product safety, customer service, and vendor disputes.
Trademark & Copyright
Member of litigation team that obtained judgment in favor of famous apparel, home furnishings, fragrances, and accessories designer in an action for contempt of an injunctive order in the U.S. District Court for the Southern District of New York.
Member of litigation team that successfully defended an appeal to the U.S. Circuit Court of Appeals for the Second Circuit, on behalf of a famous apparel, home furnishings, fragrances, and accessories designer, of the U.S. District Court for the Southern District of New York’s dismissal of an action seeking declaratory judgment that the use of the plaintiff’s mark on certain products did not infringe upon defendant’s trademarks and entry of a permanent injunction in favor of defendant.
Member of litigation team that successfully defended a major spirits company against a false designation of origin claim, which was part of a protracted dispute involving courts in three circuits, two federal agencies, and the World Trade Organization, concerning the establishment of the company’s rights to one of its marks in the United States.
Member of litigation team that obtained a motion to dismiss on behalf of client, an online video viewing platform, in a copyright infringement matter in the U.S. District Court for the Northern District of Georgia.
Privacy and Information Security
While serving as senior in-house counsel for global retail company:
- provided cross-functional counseling on privacy issues, including TCPA, Song-Beverly, CAN-SPAM, EU GDPR, and CCPA;
- defended privacy-related litigation, including TCPA and Song-Beverly claims;
- led payment card data incident response and multiple related class-action litigations.
Member of litigation team representing major oil company in various lawsuits initiated throughout the United States impacting the manner in which crude oil is traded in the United States.
Member of litigation team defending pharmaceutical manufacturers in false claims act litigations brought by the federal government, state Attorneys General and class action plaintiffs in federal and state courts.
Member of litigation team that obtained a multi-million dollar settlement and additional relief on behalf of a company arising out of the company’s purchase of a business which included the seller’s agreement to certain restrictive covenants as part of the sale. The matter settled just prior to a preliminary injunction hearing.
Member of litigation team representing a major telecommunications company in breach of contract action stemming from major acquisition. Case settled during trial.