Fara Sunderji
PEOPLE

Fara Sunderji

Partner
sunderji.fara@dorsey.com

Overview

CLIENTS REGULARLY CALL ON FARA TO COUNSEL THEM ON LEGAL ISSUES RELATING TO ADVERTISING LAW, TRADEMARKS, AND SOCIAL MEDIA, ENABLING THEM TO PROTECT AND GROW THEIR VALUABLE BRANDS.

Much of Fara’s practice involves working with clients to navigate complex legal issues on social media that implicate federal and state laws in the areas of intellectual property and advertising. She is particularly known for her deep knowledge of promotions law, and regularly helps clients develop sweepstakes, complex contests of skill, and user-generated content promotions on social media. Fara also works with clients to review their advertising and marketing materials both in print and online to ensure their ad claims are fair and substantiated. In the area of influencer advertising, Fara frequently counsels clients on the Federal Trade Commission’s guidelines on endorsements and testimonials, conducts training for social media and marketing teams, and drafts influencer contracts.

In addition, Fara’s expertise extends to all stages of the brand management process, including trademark selection, clearance, prosecution, maintenance, enforcement, and litigation. In the World Trademark Review 1000 rankings for 2024, clients praised Fara as “a go-to trademark counsel. She has deep knowledge, great skills, excellent communication, and outstanding client service. On top of it all, she is a wonderful person. She has strong legal expertise and provides practical and sensible advice on trademark files. She is always prompt with her updates and feedback. She, along with her colleagues at Dorsey, provides terrific legal service.”

Fara also regularly represents clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board (the “TTAB”) and in federal court. Her practice includes representation of clients in a wide array of industries, including alcoholic beverages, snack foods, cosmetics, industrial chemicals, fashion, video games, publishing, pharmaceuticals, and financial services.

Fara is currently the chair of the Trademarks and Unfair Competition Committee at the Association of the Bar of the City of New York. Fara is also a co-editor and regular writer for Dorsey’s award-winning IP Blog, TheTMCA.com, which focuses on legal developments in the world of Trademarks, Copyrights and Advertising.

Education & Admissions

Fordham University School of Law (J.D., 2006), cum laude

Vassar College (B.A. Science, Technology & Society, 2000), Departmental Honors

Admissions

  • New York
  • United States Patent and Trademark Office
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Courts for the Southern and Eastern Districts of New York

Experience

Representative Work

  • Pierson v. Facebook, (S.D.N.Y. 2019). Represented Facebook against claims of copyright infringement brought by notorious “copyright troll” attorney Richard Liebowitz.
  • GlaxoSmithKline LLC v. Laclede, Inc., (S.D.N.Y. 2019). Obtained preliminary injunction against ongoing use of confusingly similar advertising and promotional materials for competing dry mouth products.
  • McKee Foods Kingman, Inc. v. Coastal Sunbelt Produce, LLC, (TTAB 2017). Prevailed in trademark opposition proceeding based on likelihood of confusion relating to the mark SUNBELT BAKERY for granola bars and other snacks.
  • Atari Interactive, Inc. v. Greenberg (TTAB 2016). Prevailed in trademark opposition proceeding based on likelihood of confusion based on Atari’s HAUNTED HOUSE trademark.
  • JA Men’s Group LLC v. JA Apparel Corp. (AAA 2015). Secured and collected award of $42.6 million in trademark licensing dispute.
  • Jaguar Land Rover Limited v. A-Z Wheels LLC (S.D. Cal. 2014). Obtained permanent injunction and damages award on behalf of Jaguar Land Rover in action for trademark counterfeiting and copyright infringement involving defendants' advertising and sale of knock-off wheels.
  • Half the Sky Foundation v. Half the Sky Movement, LLC, Show of Force, LLC, Force Films, LLC, Games for Change, Inc., Nicholas D. Kristof and Sheryl WuDunn (S.D.N.Y. 2013). Defeated defendant’s motion to dismiss and obtained favorable settlement for Half the Sky Foundation.
  • Bell's Brewery, Inc. v Winery Exchange, Inc. (E.D. Mich 2011). Obtained favorable settlement for Bell’s Brewery against a manufacturer of private label beer in a trademark infringement case.

News & Resources

Articles

Delay in Filing Preliminary Injunction Motions: 2023 Edition
The FTC’s New Year’s Resolution for 2023: Healthier Health Claims
Taco Tuesday: It’s a Tasty Cultural Phenomenon Not a Trademark
Sign the Prenup: What Brands Can Learn From the Kanye West/Adidas IP Breakup
Dear Online Retailers: The FTC Is Watching How You Handle Customer Reviews
FTC to Brands: We Will Not Tolerate Fake Reviews and Other Misleading Endorsements – Monetary Penalties Are Coming
The Future of Ad Law: A Wrap Up from the 2021 NAD Conference
#AdLaw – A Quick Wrap-Up From The 2020 ANA/BAA Marketing Law Conference
FTC Announces Regulatory Review of Endorsement Guides – Changes and Enforcement Actions Will Likely Follow
Fiji Water Splashes Back After Getting Sued For Posting a Meme
Sued for Posting a Meme – That Just Happened
Sued for Reposting a Photo of Herself on Instagram -That Just Happened to Gigi Hadid
American Airlines Flying High After Copyright Office Reversal
Influencer Advertising: The SEC, Not Just The FTC, Could Be Watching
#HonestAds : A Wrap Up from the 2018 NAD Conference
The American Flag Napkins You’ll be Using at Your BBQ on July 4th are Probably Illegal
Ambush Marketing – World Cup 2019 and Beyond
Don’t Get Caught Offside With Your World Cup Marketing Promotions
FTC Bugged by Unsubstantiated Mosquito Repellant Claims and Endorsements With Undisclosed Material Connections
Adnan Syed Won a New Trial (Again), But the Serial Podcast Lost its Own Appeal
“Fastest Growing Brand” – Don’t Mix and Match Ad Claim and Substantiation
Choosing Your Words Carefully in Advertising: NAD Recommends Advertiser Discontinue Use of the Word “Choosing”
Let the Games Begin – Let Marketers Beware!
About that Dodge Super Bowl Ad
Extra Foam, Please: Common Sense Prevails and Court Finds that Starbucks Lattes Contain Foam

News & Press Mentions

Dorsey’s Trademark Lawyers and Offices Ranked in 2024 World Trademark Review 1000
Dorsey Partner Fara Sunderji Discusses SCOTUS Curtailing US Trademark Law's Global Reach
Dorsey Partner Fara Sunderji on the Supreme Court's Decision on Foreign Counterfeit Goods
Dorsey Attorneys and Practices Recognized for Intellectual Property Strength by 2023 IP Stars
Dorsey’s Trademark Lawyers and Offices Ranked in the 2023 World Trademark Review 1000
Dorsey’s Trademark Lawyers and Offices Ranked in World Trademark Review 1000
Fara Sunderji Discusses Nike's Lawsuit Against Drip Creationz
Dorsey Partner Fara Sunderji Comments on Satan Shoes Lawsuit
Dorsey’s Trademark Lawyers Ranked in World Trademark Review 1000
Partner Fara Sunderji Comments on SCOTUS Booking.com Ruling
Dorsey Partner Fara Sunderji Discusses Booking.com SCOTUS Arguments
Dorsey’s Trademark Lawyers Ranked in World Trademark Review 1000
Dorsey Partner Fara Sunderji Comments on FUCT Win
Dorsey Partner Fara Sunderji Comments on Jerry Media Meme Lawsuit
Dorsey Partner Fara Sunderji Outlines How Social Media Influencers Can Infringe Copyright
Dorsey Partner Fara Sunderji Remarks on EU Copyright Changes
Dorsey Partner Fara Sunderji Comments on Hadid Copyright Suit
Dorsey’s TMCA Blog Named Again as One of ABA’s Top Blogs
Dorsey Partner Fara Sunderji Discusses FIFA Advertising
Dorsey Partner Fara Sunderji Discusses World Cup Ambush Marketing
Dorsey Partner Fara Sunderji Discusses Olympics Branding
Dorsey Partner Fara Sunderji Discusses Winter Olympics Branding
Dorsey's TMCA Blog Named One of ABA's Top 50 Blogs
Five Disputes Lawyers Join Dorsey Partnership
Dorsey & Whitney Names New Partners

Select Presentations

  • "Hot Topics in Trademark, Copyright and Advertising Law in 2023," Presenter, NJIPLA 37th Annual Pharmaceutical/Chemical Patent Practice Update, November 2023
  • “Life in the New Digital World – Pitfalls and Opportunities,” Panel Member, Creative Industries Group Series, Dorsey & Whitney, September 2021
  • “Influencers: Shifting Towards The Future,” Panel Member, New York State Bar Association, Entertainment Arts & Sports Law Section Spring Meeting, June 2021
  • “Trademark Law for the Small Firm Practitioner,” Panel Member, Association of the Bar of the City of New York, June 2021
  • “Hot Issues in Patent, Trademark and Copyright Law in the Federal Courts,” Panel Member, New York County Lawyers Association, March 2019
  • “On Your Marks: Frontline Issues in Trademark and Advertising Law,” Panel Member, Association of the Bar of the City of New York, April 2017
  • “Native Content and Influencer Advertising: The Business Why and The Legal How,” Panel Member, New York State Bar Association, Entertainment Arts & Sports Law Section, June 2016
  • “On the Heels of the Week: The Status of Fashion Protection,” Panel Member, New York State Bar Association, Entertainment Arts & Sports Law Section, Fashion Law Committee, March 2012

Industries & Practices

  • Advertising & Marketing
  • Cybersecurity, Privacy & Social Media
  • Food, Beverage & Agribusiness
  • Intellectual Property
  • Intellectual Property Litigation
  • Technology
  • Trademark & Copyright

Professional & Civic

Professional Achievements

  • Member, International Trademark Association (INTA), Brands for a Better Society Committee (2023-2025); Enforcement Committee, Judicial Administration and Trademark Litigation Subcommittee (2014-2017)
  • Committee Chair, Association of the Bar of the City of New York, Trademarks and Unfair Competition (2020-2023)
  • Member, Brand Activation Legal Committee, Association of National Advertisers

Accolades

  • Recognized as a Leading Practitioner in World Trademark Review 1000 – The World’s Leading Trademark Professionals, 2020-2024
  • Recognized as an "IP Star" (United States, National) by Managing Intellectual Property Handbook, 2022-2023

Contributed 50+ Pro Bono Hours in 2020

  • Contributed more than 50 Challenge pro bono hours, 2020
  • Dorsey & Whitney – Scales of Justice Team Award (Racial Justice Bronx Project), 2021
  • Pro Bono Scales of Justice Award, 2011 and 2013
Fara Sunderji