Merry L. Biggerstaff

Partner

(New York & Sao Paulo)

Ms. Biggerstaff represents clients in complex litigations and commercial transactions involving disputes over art and other high-value property as well as various intellectual property matters, including trademark, trade dress and copyright infringement. She counsels clients on all facets of their intellectual property portfolios, including the clearance, registration and enforcement of their brands on a worldwide basis.

Representative Litigation

Angiolillo v. Christie’s, Inc. (Index No. 650871/2015). Represented Angiolillo heirs in lawsuit against Christie’s auction house and gems dealers in a dispute over ownership of a rare, 34.65-carat pink diamond called the “Princie” diamond sold by Christie’s in 2013 for $40 million. Successfully compelled disclosure of Christie’s privileged documents related to its investigation of the provenance of the Princie diamond based on at-issue waiver. Trial court granted, and the First Department affirmed, the heirs’ motion for partial summary judgment, finding the Angiolillo heirs’ ancestor was the prior owner of the Princie diamond and that New York law, not Swiss law, applied in this case. See New York Times article:
https://www.nytimes.com/2020/07/10/arts/design/diamond-lawsuit-christies.html See also: https://www.jdsupra.com/legalnews/new-york-not-swiss-law-applies-to-34880/
Advised the heirs of Henri Matisse on various legal issues, including jurisdictional matters, in case involving rights to Matisse painting.
Represented one of the leading transportation and excursion service companies in an action for trademark infringement and unfair competition against the operators of the public transportation systems in 13 different countries; obtained preliminary injunction and favorable settlement.
Represented one of the top five U.S. defense contractors in opposition and cancellation proceeding before the Trademark Trial and Appeal Board; client prevails in inter partes proceedings.
Represented a leading provider of a full range of hair products in litigation involving trademark and trade dress infringement and unfair competition; obtained permanent injunction as well as favorable settlement.
Represented a wholesale supplier of consumer products with over 40 well-known household brands in trade dress infringement claim; resulted in favorable settlement and permanent injunction.
Represented producer of top-selling hair care line in action for trademark infringement and unfair competition; obtained preliminary and permanent injunction and favorable settlement.

Bar Admissions

New York
District of Columbia

Academic Qualifications

Georgetown University Law Center, J.D.
East Carolina University, B.F.A.

Recognition & Affiliations

2015-2018 “New York Super Lawyer” in Intellectual Property Litigation, Super Lawyers Magazine
2015-2018 Named in “Top Women Attorneys” list in New York Metro
Recognition for assistance of Sudanese refugee (see Attorneys Help “Lost Boy” Displaced by Civil War in Sudan, K. Doan, 2009)

Publications

SilkEase Mark Refused as Deceptively Misdescriptive, World Trademark Review (June 2006)
Use of Famous Car Marks Fail Aesthetic Functionality Test, World Trademark Review (November 2006)

Contact

P: 212.490.3285
F: 212.490.3295
mbiggerstaff@tkiplaw.com