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About Jenifer

Jenifer deWolf Paine is of counsel in the New York office of Fish & Richardson P.C. Jenifer is a highly experienced intellectual property attorney serving as business and legal advisor to clients in a wide variety of industries on all aspects of trademark, brand protection, copyright, rights of privacy and publicity matters, intellectual property transactional work, and litigation.

Before joining Fish, Jenifer spent several years in-house in the trademark group at Microsoft, where she was responsible for all aspects of trademarks for the company’s most high-profile and consumer-facing brands including Xbox, Minecraft, Surface, and Windows. Before Microsoft, Jenifer was senior counsel at Proskauer Rose, supporting the entire firm on copyright and trademark matters.

In addition to Microsoft (regularly ranked as one of the world’s top five most valuable brands), Jenifer’s clients have ranged from small businesses to Fortune 500 companies and have included record labels, publishing companies, music publishing companies, individual artists and public figures, authors, clothing designers and apparel companies, real estate developers, hotel operators and managers financial institutions, and companies in the spirits, film, software, media, consumer products, hospitality, and pharmaceutical sectors.

Jenifer’s practice focuses on advising clients on all aspects of trademark and copyright law, including clearance, portfolio management, counseling, dispute resolution (including Trademark Trial and Appeal Board proceedings), due diligence for significant acquisitions, and licensing. Jenifer also has significant experience litigating copyright fair use cases.

Jenifer brings a practical and business-minded perspective to her clients’ problems, and has particular expertise in global clearance strategies relating to significant product launches. She is also a frequent contributor to International Trademark Association publications, having served several terms on the publications committee, the Trademark Reporter, and the Trademark Bulletin. She currently serves on the amicus committee, contributing to thought leadership on key issues affecting trademark law.

Publications

Author, “Legal Alert: New York Passes Post-Mortem Right of Publicity Law,” Fish Legal Alert (December 9, 2020).

Author, “Led Zeppelin Paves the Way for Katy Perry,” Fish Trademark & Copyright Thoughts Blog (March 27, 2020).

Author, “Led Zeppelin Victorious at the Ninth Circuit,” Fish Trademark & Copyright Thoughts Blog (March 12, 2020).

Author, “United States Supreme Court Holds Trademark Licensee Can Continue to Use Mark After Licensor Bankruptcy,” Fish Trademark & Copyright Thoughts Blog (November 12, 2019).

Co-author, “IP – Paying For It Doesn’t Mean You Own It,” Inside Counsel (January 31, 2012).

Co-author, “Copyrights, Trademarks, and Moral Rights” a chapter in Art Law, Aspen Law & Business (2000).

Speaking Engagements

Panelist, “Litigating for Non-Litigators,” International Trademark Association Annual Meeting (2018).

Panelist, “Branding in the Global, Digital World,” Washington State Bar Intellectual Property Institute (April 19, 2018).

Judge, Ladas Memorial Competition (2016).

Presentation to American Publishers Association: “Basics of Trademark Law” (April 23, 2012).

Listed in World Trademark Review WTR 1000, New York, (2021).

Noted as a ‘Recommended Individual,’ World Trademark Review, (2011–2015).

 

Jenifer has frequently been named a “Recommended Individual” by World Trademark Review, which described her as “eminently practical and level-headed.”

Focus Areas
Education

J.D., Northeastern University School of Law


B.A., Political Science, Boston University

Admissions
  • Massachusetts
  • New York
  • California
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
Memberships & Affiliations

International Trademark Association

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