Toby M. J. Butterfield, Esq.
Toby Butterfield is a partner with Frankfurt Kurnit Klein & Selz in the firm’s Litigation and Intellectual Property Groups.
Mr. Butterfield has 20 years of experience litigating and counseling on copyright, trademark, defamation, software and digital media, and commercial matters. His clients include media and entertainment companies, major brand owners and designers and manufacturers of luxury goods. His recent work includes successfully representing book publishers in various copyright litigations, a major airline in a trademark dispute, obtaining a fair use dismissal of a case against theater producers for production of a parody play. He obtained injunctive relief for the owner and publisher of Business Traveller magazine in a trademark licensing dispute with a competitor, represented FilmOn, the Over The Top streaming media technology company, in a copyright case against it by all the major networks; and represented HIT Entertainment, Inc. — owner of Barney®, Thomas the Tank Engine™ and Bob the Builder® — in anticounterfeiting efforts which effectively shut down manufacturers and distributors of counterfeit adult costumes of those well known characters.He also counsels producers and publishers on pre-publication and pre-broadcast review of content.
Mr. Butterfield chaired the New York City Bar’s Committee on Entertainment Law and its Committee on State Courts of Superior Jurisdiction. He also chaired WNYC Radio’s Community Advisory Board and was the Administrator of the New York State Supreme Court Screening Panel for Democratic Party judicial candidates in New York County. He has appeared on BBC World News, Forbes TV, and been quoted by The New York Times, Forbes, and many other news and legal publications.
Prior to joining the firm, Mr. Butterfield was a partner at Cowan, DeBaets, Abrahams & Sheppard LLP. He is admitted to practice in New York state and federal courts, including the U.S. Supreme Court, the U.S. Court of Appeals for the Second Circuit, and District Courts for the Southern and Eastern Districts of New York.
Craig B. Whitney, Esq.
Craig B. Whitney is a partner in the Litigation group, with a focus on copyright, trademark and trade secret disputes.
Mr. Whitney handles copyright, trademark, trade secret, right of publicity, false advertising and patent disputes, protecting valuable intellectual property rights from would-be infringers and defending clients against wrongful accusations of infringement. He also advises clients on brand management and licensing. He oversees internal and administrative intellectual property investigations and class action litigation defense. Mr Whitney prosecutes domestic and foreign trademark applications as well. He actively assists clients in navigating the rapidly evolving landscape of intellectual property law.
Mr. Whitney’s representative work includes a landmark victory clarifying copyright fair use and parody on behalf of several well-known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high-end beauty products company in a trademark and trade dress action against a manufacturer of knock-off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN-SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.
Mr. Whitney is a graduate of Cornell University (BS) and Harvard Law School (JD, cum laude). Following law school, he clerked for the Honorable Stephen V. Wilson in the United States District Court of the Central District of California. He is admitted to practice in New York and California.