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Ann Schofield Baker

New York Office
Principal
New York Office

One Bryant Park
47th Floor
New York, NY 10036
TEL: 212.402.9404 FAX: 212.402.9444
asbaker@mckoolsmith.com

Ann Schofield Baker is a Principal in McKool Smith’s New York office, where she leads the firm’s national copyright and trademark litigation practice and focuses on complex patent litigation. As a “first-chair” trial lawyer, she specializes in high stakes, bet-the-business litigation and damages analysis. She has protected the intellectual property interests of clients in a broad array of industries, including fashion (Michael Kors), athletic wear (Nike), enterprise communications (Avaya, Inc.), high tech (Wi-LAN, Inc.), beverage (Absolut Vodka), credit services (American Express), film production (Twentieth Century Fox Film Corporation), advertising (Maverick Digital) and individual artists (James Frey).

In addition to her specialty in intellectual property litigation, Ms. Baker has a wide-ranging practice that includes the prosecution and defense of an extensive variety of complex commercial disputes. She has represented clients as lead trial counsel throughout all phases of litigation, including jury and bench trials, and has also represented clients in various alternative dispute resolution proceedings. She lectures nationally and internationally and is frequently called upon by print and television media to opine about developments in civil and intellectual property litigation.

Ms. Baker maintains an active pro bono practice, and has received acclaim from CBS's 60 Minutes, The Washington Post, CBS News, NPR, and The Globe and Mail for her tireless work to win asylum for a victimized woman from Somalia. She has been a commentator on Court TV with respect to trial and intellectual property litigation matters, and she has also appeared as a panelist on the CBC’s “Money Weekly.”

Representative Matters

  • Michael Kors. Lead trial counsel in a litigation against Mary Kay, Inc. over the parties' respective rights in the trademark "MK."
  • San Antonio Winery. Lead trial counsel for San Antonio Winery in a trademark infringement litigation against Constellation Brands over alleged confusion between San Antonio’s “Stella Rosa” and Constellation’s “Rosatello” wines.
  • Freddie Mac. Trial counsel for Freddie Mac in the Residential Capital, LLC Chapter 11 trial in the United States Bankruptcy Court for the Southern District of New York.
  • Marcel Fashion Group d/b/a GET LUCKY. Lead trial counsel representing all defendants/counterclaim-plaintiffs against Lucky Brand Dungarees, Inc. and Liz Claiborne, Inc. in a trademark infringement, counterfeiting, unfair competition and dilution lawsuit over the use of Marcel's federally registered trademark, GET LUCKY on apparel. After a six-day jury trial in the Southern District of New York, the jury returned a complete victory for defendants on their counterclaims, rejected all of Lucky Brand’s claims, and awarded punitive damages which are highly unusual in trademark cases. The case has been covered by the The American Lawyer, The Associated Press, IP Law 360, New York Law Journal, Women's Wear Daily, Law360.com, and others.
  • Avaya, Inc. Lead trial counsel representing Avaya, a global leader in the enterprise communications market, in various trademark related matters.
  • Wi-LAN, Inc. Represented Wi-LAN, Inc., a Canadian company that developed high speed wireless data technology, in a major patent infringement litigation and damages analysis in the Eastern District of Texas against leaders in the laptop, router, semiconductor and hand-held device industries.

Prior to Joining McKool Smith:

  • Active People, LLC . Represented Active People in a complex patent litigation, and secured an ex parte temporary restraining order and seizure order to confiscate counterfeit toys from the International Toy Fair at the Javits Center in New York City;
  • Jordache, Ltd. Represented Jordache, Ltd. and United States Polo Association, Ltd. (“Jordache”) at a three-week jury trial against a trademark infringement, unfair competition and dilution law suit brought by Polo Ralph Lauren over Jordache’s use of “United States Polo Association” trademarks on a line of clothing and accessories;
  • V&S Vin & Sprit AB. Represented V&S Vin & Sprit AB, the owner of the famous trademark ABSOLUT for premium vodka and other goods and services, to bring a preliminary injunction action for trademark infringement action against the publishers of "Absolute" magazine;
  • Nike, Inc. Represented Nike, Inc.’s exclusive patent rights in its famous Air Jordan sneakers;
  • American Express. Represented American Express to protect its trademark rights to the “My Life My Card” advertising campaign;
  • Jordache Enterprises, Inc. Represented Jordache Enterprises, Inc. against a trademark litigation brought by Levi Strauss & Co. over the alleged infringement of Levi’s back pocket stitch design;
  • Twentieth Century Fox Film Corporation. Represented Twentieth Century Fox Film Corporation in a litigation in the Southern District of New York to protect its intellectual property rights in the film "Dodgeball: A True Underdog Story;"
  • IDT Entertainment Inc. and Anchor Bay Entertainment. Represented IDT Entertainment Inc. and Anchor Bay Entertainment in various preliminary injunction proceedings to protect their rights to distribute the “Thomas the Tank Engine” children’s television series;
  • James Frey. Represented author James Frey in various lawsuits over his book, "A Million Little Pieces."

Professional & Community Activities

  • Adjunct Professor of Trial Advocacy at New York Law School
  • Board of Directors of the Canadian Association of New York ("CANY")
  • Chairman of CANY's annual charity gala, The Maple Leaf Ball
  • Board of Advisors of the Micro Museum

Awards & Recognition

  • Featured in New York Magazine's New York's Women Leaders in the Law

Articles