Nancy Mertzel

Nancy Mertzel is Chair of Herrick’s Intellectual Property Practice Group, with more than 25 years of experience protecting content, brand names, products, and technology.

Nancy frequently advises clients on the use and enforcement of rights in art including fine art, performance art and the commercial use of photography. She has counseled clients on clearing and protecting art in digital environments, printed publications and advertising campaigns. Nancy has successfully handled disputes involving copyright and the rights of privacy and publicity, as well as disputes involving the scope of copyright in source code and data. Nancy also regularly represents clients in trademark infringement cases, “failed systems” disputes between developers and licensees and trade secret cases involving software, and has recovered dozens of domain names from cybersquatters. On the transactional side, Nancy oversees trademark clearance, prosecution and portfolio management, and drafts a wide variety of agreements including copyright and trademark licenses, software licenses and software development agreements.

Nancy is an active member of the bar, and a frequent speaker and author. She currently serves as a board member of the American Intellectual Property Law Association, one of the largest associations of IP lawyers in the world. In that role, she recently testified before Congress on the need for the U.S. Copyright Office to have greater autonomy over its information technology and funding. In addition, she authored three amicus curiae briefs filed with the U.S. Supreme Court—in Petrella v. Metro-Goldwyn-Mayer, which involved the defense of laches in copyright infringement cases, SCA Hygiene Products A.G. v. First Quality Baby Products, LLC, which involved laches in patent cases, and B&B Hardware, Inc. v. Hargis Industries, Inc., which involved the preclusive effect of decisions by the Trademark Trial and Appeal Board on subsequent litigation.

In 2016 and 2017, World Trademark Review named Nancy a leading lawyer for enforcement and litigation, calling her a “well-spoken and zealous advocate” who “handles the whole nine yards of brand development and enforcement.” Since 2009, Nancy has been named one of Thompson Reuters’ New York Super Lawyers for Intellectual Property Litigation, as well as one of the publication’s top women attorneys (2013-2014).