Celeste M. Butera

February 1, 2017
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Celeste M. Butera

Partner

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6900 Jericho Turnpike
Syosset, NY 11791-4407
Tel: 516.822.3550
Fax: 516.822.3582

Expertise

  • Trademark Infringement Litigation and Appeals
  • Copyright Infringement Litigation and Appeals
  • Unfair Competition and Business Torts Litigation and Appeals

Overview

Celeste M. Butera is a Partner in the firm’s Intellectual Property and Litigation Practice Group. Ms. Butera focuses her practice on litigation and appeals involving trademark infringement, copyright infringement, patent infringement and other business torts and commercial litigation on a wide array of topics in District Courts and Appellate Courts throughout the United States, including Internet and website related intellectual property litigation and appeals as well as other related business and commercial torts such as unfair competition, Lanham Act claims, false advertising, disparagement, and contract and licensing disputes. She litigates and argues motions and appeals on behalf of companies throughout the United States. Ms. Butera also has extensive appellate experience, having handled complex appellate matters in Appellate Courts throughout the country, including the United States Court of Appeals for the Second, Ninth, Eleventh and Federal Circuits. Ms. Butera’s practice also includes representing clients in proceedings and appeals before the Patent and Trademark Office, including opposition and cancellation proceedings and counseling clients and providing substantive presentations on all aspects of intellectual property and Internet law, as well as business torts, breach of contract matters and related liabilities. Ms. Butera also represents, on a national basis, insurers with respect to a wide range of coverage issues and disputes including issues relating to patent infringement, trademark infringement, copyright infringement, unfair competition, Lanham Act claims, misappropriation of trade secrets, antitrust, as well as a wide variety of other business torts and other coverage issues. Ms. Butera has served as an Adjunct Professor of Insurance Law at Hofstra University School of Law for spring semesters 2001 and 2002. She was named as a New York Super Lawyer – Metro Edition in Intellectual Property and Intellectual Property Litigation for 2007, 2010-2013 and 2015-2023. Ms. Butera is also a frequent speaker at accredited Continuing Legal Education (CLE) programs for attorneys. She has been featured in Long Island Business News’ Who’s Who in Intellectual Property. Ms. Butera has earned a national reputation as a successful litigator and appellate lawyer and has been involved in numerous precedent setting and complex legal actions and appeals in Courts throughout the Country.

Practice Expertise

  • Intellectual Property Litigation and Appeals
  • Commercial Litigation and Appeals

Bar & Court Admissions

  • State of New York
  • United States District Courts for the Southern and Eastern Districts of New York
  • United States District Courts for the Eastern and Western Districts of Michigan
  • United States Court of Appeals, Second, Ninth, Eleventh and Federal Circuits

Education

  • Hofstra University Law School, Juris Doctor with distinction
  • Old Dominion University, B.A. in Political Science

Memberships

  • American Intellectual Property Lawyers Association
  • New York Intellectual Property Lawyers Association
  • American Bar Association – Section of Litigation

Successful Litigation

  • P.C. Richard & Son v. Samsung Electronics, Co. 22-1337, United States Court of Appeals for the Federal Circuit (trademark infringement and unfair competition).
  • Jon Bargains Inc. v. P.C. Richard & Son, 2020-1013 United States Court of Appeals for the Federal Circuit (trademark infringement)
  • Archforensic LLC v. Arch Engineering, LLC, 21-16022 (WJM) United States District Court for the District of New Jersey (trademark infringement and cybersquatting).
  • Ferring v. Fera Pharmaceuticals, LLC 13-CV-4640 United States District Court for the Eastern District of New York (trademark infringement and unfair competition).
  • Fit N Fun Playscapes, LLC v. Sensory Path Inc. 19-CV-11697 United States District Court for the Southern District of New York (trademark infringement and copyright infringement).
  • Carson Optical v. Carson Industries, 10 CV00867 (ADS), United States District Court for the Eastern District of New York (trademark infringement).
  • Kwik Goal, Ltd. v. Youth Sports Publishing Inc., 06 Civ. 395 (HB), United States District Court for the Southern District of New York (copyright infringement).
  • Kenny v. Ryan Web Solution, LLC, 05 Civ.0727 (DAB), United States District Court for the Southern District of New York (copyright and trademark infringement).
  • Gemmy Indus. Corp. v. Chrisha Creations Ltd., 04 Civ. 1074 (RWS), United States District Court for the Southern District of New York (trademark, copyright and patent infringement).
  • Sports Franchise trademark case: prevailed at trial against a major sport franchise in trademark litigation involving a trademark license valued at $16 million. *Confidentiality Agreement in place prevents full disclosure of litigants’ identities.
  • Microsoft Corp. v. Am. Nat’l Fire Ins. Co., Docket No. 01-35721, United States Court of Appeals for the Ninth Circuit. (As lead counsel, obtained summary judgment and affirmance on appeal that the insurers were not obligated to defend and indemnify Microsoft under the personal and advertising injury provisions of the insurance contracts for class action anti-trust lawsuits filed nationally against Microsoft). 2003 U.S. App. LEXIS 5597.
  • Chosun Intl v. Chrisha Creations, Ltd., Docket No. 04-1975-cv, United States Court of Appeals for the Second Circuit. (Copyright infringement and invalidity). 413 F.3d 324.
  • Royal Indemn. Co. v. Terra Firma, Inc., Docket Nos. SC17873, 17874, Supreme Court of Connecticut. (Insurance coverage action regarding additional insured provisions). 287 Conn. 183.
  • Great Northern Ins. Co. v. Kobrand Corp., Docket No. 8980, Supreme Court of New York, Appellate Division, First Department. (Obtained summary judgment and affirmance on appeal that the insurers were not obligated to defend and indemnify under the personal and advertising injury provisions for class action lawsuits filed nationally against the insured for false and misleading marketing of alcohol to minors). 280 A.D.2d 501.
  • Am. & Foreign Ins. Co. v. Jerry’s Sport Center, Inc., Docket No. 88 MAP 2008, Supreme Court of Pennsylvania. (Whether insurer could obtain reimbursement from the insured for defense fees paid by the insurer where court found the insurer did not have a duty to defend the underlying action against the insured). 606 Pa. 584.
  • Connecticut Indem. Co. v. Schindler, Docket No. 2005-06627, Supreme Court of New York, Appellate Division, Second Department. (The appropriate limits of liability available under the dental incident limits provisions of the insurance contract for underlying claims of dental malpractice). 35 A.D.3d 784.
  • American Mfrs. Mut. Ins. Co. v. Quality King Distributers, Docket No. 2000-03695, Supreme Court of the State of New York, Appellate Division, Second Department. (Whether insurer was obligated to defend underlying trademark infringement action against the insured under the advertising injury provisions of the insurance contract). 280 A.D.2d 501.
  • Lebas Fashion Importers of United States v. ITT Hartford Ins. Group, Docket No. B083983, California Court of Appeal, Second District. (Whether insurer was obligated to defend underlying trademark infringement action against the insured under the advertising injury provisions of the insurance contract). 50 Cal. App. 4th 548.

Publications and Lectures

  • Legal Issues and Public Relations — Walking a Tight Rope, Hofstra University Seminar, February 27, 2012
  • New York Law Journal, Southern District Split On Whether “Willfulness” Is Needed To Recover Defendant’s Profits In Federal Trademark Actions, June 17, 2008
  • Long Island Business News — Websites and Copyright Violations, October 2002.
  • Mealey’s New Insurance Issues in the Northeast; Lexis/Nexis Conference, LeParker Meridien, New York, New York, June 6-7, 2002.
  • Advanced Trademark Strategies; Lexis/Nexis Conference, Chicago, Illinois, April 2002.
  • Insurance Coverage and Cyber-torts; Mealey’s Insurance 101 Conference, Philadelphia, Pennsylvania, November 2001.
  • Other Business Torts and Insurance Coverage; Mealey’s Insurance Coverage for Cyber-Torts and Intellectual Property Conference, San Francisco, California, January 2001.
  • Emerging Insurance Battles Conference;Mealey’s Publications Conference, Amelia Island (Jacksonville), Florida, March 1999
  • Emerging Insurance Issues — Intellectual Property and Business Tort Liabilities, The 1998 National Conference for Women Insurance Professionals, New York, November 1998.
  • Advertising Liability/Intellectual Property Liabilities; Excess/Surplus Lines Claims Association, Inc., Twenty-Ninth Annual Conference, Turnberry Isle Resort & Club, Aventura, Florida, September 1998.
  • Year 2000 Liabilities and Computer Malpractice; International Platform Association, Washington, D.C., August 1998
  • Insurance Coverage and Trademark Infringement – – A Common Sense Approach, Declarations, Winter 1997-1998 (Publication of the Excess/Surplus Lines Claims Association); and Mealey’s Emerging Insurance Disputes, May 1998
  • Intellectual Property Liability Insurance Coverage Update; New York Marriott Financial Center Hotel, November 1997.
  • Intellectual Property and Advertising Injury; Bermuda Insurance Institute, September 1997.
  • Insurance Law: What Every Lawyer and Business Person Needs to Know; Practising Law Institute, New York City, May 1997.
  • Intellectual property and Business Torts Insurance Workshop; Huntington Hilton, May 1997.
  • Emerging Issues in Intellectual Property Coverage; Mealey’s Publications Conference, February 1997.
  • Developments In Insurance Coverage for Patent, Copyright and Trademark Infringement, Summer 1994.
  • Insurance Claims and Litigation for Intellectual Property Disputes; American Bar Association’s Tort and Insurance Section’s Committee on Intellectual Property, June 1994.
  • Insurance Coverage and Patent Infringement: Beyond Insureds’ Reasonable Expectations; Mealey’s Intellectual Property Reports, April 1993.
  • Tenth Annual Insurance, Excess and Reinsurance Coverage Dispute Seminar, Practising Law Institute, February 1993.
  • The Advertising Injury Endorsement After Bank of the West; Mealey’s Litigation Reports, September 1992.
  • The Advertising Injury Endorsement in Insurance Disputes: Its Scope and Application; Mealey’s Insurance Litigation Reports, December 1991.
  • The Advertising Injury Endorsement in Insurance Disputes: Its Scope, Application, and Coverage; New York Law Journal, December 1991.