Client Focus

Publishing and Digital Media

Entertainment

Software

Music

Bar Admissions

  • Maryland
  • District of Columbia

Court Admissions

  • U.S. Supreme Court
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland

Education

  • J.D., cum laude, American University, Washington College of Law, 1999
  • University of Michigan, 1995

Memberships

  • Copyright Society of The USA

    International Trademark Association (INTA), Member

    American Intellectual Property Law Association (AIPLA), Member

    DC Bar, Intellectual Property Law Section, Member

    American Bar Association (ABA), Intellectual Property Law Section, Member

    Women’s Bar Association (WBA), Member
T +1 202.344.4410
F +1 202.344.8300
 

Linda J. Zirkelbach

Partner

Linda Zirkelbach has extensive private practice and in-house corporate experience representing clients in a range of intellectual property (IP) matters. Ms. Zirkelbach regularly counsels clients on complex copyright and trademark issues; litigates in the areas of copyright, trademark, false advertising and domain names; negotiates and drafts copyright and trademark license agreements, publishing agreements, and other IP agreements; searches and registers trademarks; and reviews and clears publications and other productions prior to launch. Ms. Zirkelbach has significant in-house counsel experience and, having been a client herself, prides herself on being strategic, practical and clear in her advice. Ms. Zirkelbach has represented clients before federal courts across the country, the U.S. Patent and Trademark Office, the Trademark Trial and Appeal Board (TTAB) and the U.S. Copyright Office. She has particularly deep experience in digital or on-line infringement and anti-piracy (with significant experience in complex DMCA issues) as well as in anti-counterfeiting.  

Ms. Zirkelbach began her career at Venable handling intellectual property litigation and trademark counseling and registration matters. She then worked as Vice President, Legal Affairs, for the Recording Industry Association of America where she was actively involved in high-profile copyright litigation for the major U.S. record companies.  She later became Vice President and General Counsel of a leading publishing and media company in its field and handled not only all intellectual property issues but also a broad spectrum of corporate and commercial matters.

Ms. Zirkelbach has represented clients in a range of industries, that include music, entertainment, software, book and magazine publishing, digital media, retail, alcoholic beverage, trade associations and nonprofits, university/higher education, consumer goods, and natural products. She also serves as the General Counsel and Board Member to Women in Technology.

Significant Matters

  • Managed high-profile copyright litigation on behalf of the leading U.S. record companies, resulting in numerous precedent setting court decisions.  Member of legal team responsible for movie and record industry’s 9-0 victory before the U.S. Supreme Court in MGM Studios V. Grokster.
  • Represented well-known magazine/media company in copyright infringement litigation against web host involving Section 512 of the Digital Millennium Copyright Act (DMCA) and safe harbor issues. 
  • Managed trademark enforcement efforts of a well-known charitable organization.
  • Negotiated complex development and licensing agreement on behalf of client opposite organization behind major, internationally known, television show and media/merchandising company.
  • Successfully defended $36 million dollar false advertising litigation by prevailing at jury trial in federal court and arguing before the court as a young associate. 

Representative Decisions
  • Arista Records, Inc. v. Beker Enterprises, Inc., 298 F. Supp. 2d 1310 (S.D. Fla. 2003)
  • BMG Music v. Gonzalez, 430 F.3d 888 (7th Cir. 2005)
  • MGM Studios Inc. v. Grokster, Ltd, 545 U.S. 913 (2005)

Other Noteworthy Briefs
  • Bridgeport Music, Inc. v. Dimension Films (6th Cir.) (amicus)
  • Costar Group, Inc. v. Loopnet, Inc. (4th Cir) (amicus)
  • RIAA v. Verizon Internet Services, Inc. (D.C. Cir and U.S. Supreme Court)
  • RIAA v. Charter Communications, Inc. (8th Cir.)
  • Perfect 10 v. Google, Inc. (9th Cir.) (amicus)
  • Rossi v. Motion Picture Association of America (9th Cir.) (amicus)