Biography

Harley is an attorney in Preti Flaherty’s Intellectual Property Practice Group. For more than 40 years, he has served clients’ business and intellectual property concerns around the world through brand protection strategies, major case litigation, and transactional counseling.

Harley works with the governments, law enforcement, courts, and customs in over 75 countries to track and stop the flow of fake or infringing goods, developing and implementing cost-effective methods to protect his clients’ most valued assets. He also deals with trademarks, trade dress, copyright, unfair competition, anti-counterfeiting, infringement, and related issues in U.S. Federal Circuits and state courts, as well as in U.S. territories and possessions. He is currently engaged in cutting-edge litigation involving non-traditional trademarks such as color(s), shapes, fragrances, and sounds. An innovative transactional advisor, Harley developed a comprehensive document program for use by his clients in their global operations, and routinely provides counsel on domestic and international licensing programs, as well as offering day-to-day strategic counseling.

A frequent guest of various media outlets, Harley has appeared numerous times on Good Morning America, CNBC, CBS 60 Minutes, MSNBC and CNN International to speak on issues related to brand protection. He was the first non-celebrity featured in the biography section of The New Yorker, in an extensive profile detailing his work tracking fashion forgeries.

Practice Areas

Education

  • University of Wisconsin Law School (J.D., 1969)
  • University of Wisconsin-Madison (B.A., 1966)
    • Political Science and Government

Admissions

  • New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Supreme Court

Professional Affiliations

  • International Trademark Association (INTA)
    • Member, Anti-Counterfeiting & Enforcement Committee, North America Subcommittee, 2004–2005
    • Chair, Customs Presentations Subcommittee of the Task Force on Counterfeiting Education, 1993
    • Chair, Anti-Counterfeiting Committee, 1991–1992
  • Member, New York County Lawyers' Association, Committee on Patents, Trademarks and Copyrights
  • Member, American Intellectual Property Law Association
  • Member, International Anti-Counterfeiting Coalition
  • Member, AIPPI (Associations Internationale Pour La Protection of Industrial Property)
  • Participant, PTMG (Pharmaceutical Trademarks Group)
  • Member, ASIP (Inter-American Association of Industrial Property)
  • Member, Intellectual Property Law Association of N.Y. State Bar Association
  • Invited Panelist: UBIC Seminar: International Litigation and Anti-Counterfeiting; Seoul Korea, 2010
  • Member, International Bar Association, 2010–2012

Honors & Awards

  • Martindale-Hubbell AV Preeminent Rated 5.0 out of 5
  • World Trademark Review 1000
    • World’s Leading Trademark Professional, 2016–2018
    • Anti-Counterfeiting, National, 2011–2018
    • Enforcement and Litigation, New York, 2011–2018
  • Lexology Award 2013 – Recognized for Excellence in Client Service: Intellectual Property – Designs and Trade Secrets for New York
  • New York Super Lawyers, 2006, 2007, 2009
  • Who's Who Legal; The International Who's Who of Business Lawyers, 2002–2004
  • An International Who's Who of Trademark Lawyers, 2001–2004

Representative Matters

  • Harley defended one of the largest beverage companies in the United States in a trade dress action involving can graphics in the energy drink sector.
  • Harley represented a U.S. footwear company in connection with an investigation and criminal and civil proceedings regarding illegal imports and seizure of over $2.5 million in counterfeit merchandise.
  • Harley coordinated a three-country Customs effort in Latin America to interdict flow of counterfeit goods.
  • Harley conducted multi-district litigation for multiple watch brands, obtaining a $4.5 million contempt judgment, seizing over 800,000 watches and $1,000,000 in cash, and breaking four global organizations.

Publications

September 25, 2017
The Ever-Changing Paradigm Shift in the Sale of Counterfeit Goods
The Trademark Lawyer

June 1, 2017
How to Combat Counterfeiting
World Trademark Review – Roundtable

September 12, 2016
In Luxury Fashion, The United States Is a Pirate
New York Law Journal

February 1, 2015
Online Brand Enforcement - A New Strategy for Protecting Luxury and Fashion Brands in the Digital Space
World Trademark Review

October 1, 2014
Shining a Light on the Darknet
World Trademark Review

October 1, 2013
Understanding the Challenges and Nuances of Defending Intellectual Property Rights in China
Aspatore Books, Thompson Reuters

September 2, 2013
Staying Safe in the Social E-Revolution: Tips for Your Business
Intellectual Property Magazine

October 23, 2012
How They Won It: McCarter Saves Louboutin’s Soles in Law360 Profile
Law360

December 1, 2011
When Doing Business In China, Hire A Seasoned Practitioner!
The Metropolitan Corporate Counsel

March 1, 2011
One Perspective on Anti-Counterfeiting: From T-Shirts in the Basement to Global Trade
The Trademark Reporter, 100th Anniversary Edition

News & Press Coverage

June 26, 2018
Attorney Harley Lewin quoted in “The Next 4 Big Copyright and Trademark Rulings Are”
Law360

March 8, 2018
Attorney Harley Lewin featured in “Flight of the Sole Man”
Sports Illustrated

June 1, 2017
Attorney Harley Lewin interviewed in “How to Combat Counterfeiting”
World Trademark Review – Roundtable

April 5, 2017
Attorney Harley Lewin quoted in “Small American Businesses are Struggling Against a Flood of Chinese Fakes”
CNBC

January 24, 2017
Attorney Harley Lewin interviewed in “‘People From Wall Street Should Have Been Jailed for Economic Crisis of 2008’”
Radio Sputnik