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
    Editorial Board, Journal of Gender, Social Policy & the Law
  • 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 experience representing clients in a range of intellectual property (IP) matters, with a focus on leading IP enforcement actions for major companies, publishing law, strategic IP counselling and clearance work, digital media and rights issues, and trademark strategy and disputes. Linda regularly counsels clients on complex copyright and trademark issues; litigates in the areas of copyright and trademark; negotiates and drafts copyright and trademark license agreements, publishing agreements, and other IP agreements; and reviews and clears publications and other productions prior to launch. Linda spent more than nine years as in-house counsel and, having been a client herself, prides herself on being strategic, practical, and clear in her advice. She has particularly deep experience in digital or on-line infringement and anti-piracy (with significant experience in complex DMCA issues). Linda's primary areas of focus are based on her significant experience as in-house counsel. After beginning her career as a Venable associate, she was then 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 and handled not only all intellectual property issues, but also a broad spectrum of corporate, commercial matters and strategic business matters.

Linda has represented clients in a range of industries, including music, book and magazine publishing, entertainment, software, digital media, alcoholic beverage and restaurant services, trade associations and nonprofits, university/higher education, and consumer goods. Linda 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 also recently served as the general counsel and a 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‚Äôs 9-0 victory before the U.S. Supreme Court in MGM Studios V. Grokster.
  • Runs national copyright enforcement programs on behalf of various large content owners.
  • 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. 

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)